UNITED NATIONS E
Economic and Social Distr. Council GENERAL
E/1994/104/Add.3 15 September 1994
Original: ENGLISH
Substantive session of 1995
IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, CULTURAL AND SOCIAL RIGHTS
Third periodic reports submitted by States parties under articles 16 and 17 of the Covenant in accordance with the programme established by Economic and Social Council resolution 1988/4
Addendum
NORWAY*
[15 September 1994]
* The second periodic report concerning rights covered by articles 6 to 9 (E/1984/7/Add.16) submitted by the Government of Norway was considered by the Sessional Working Group of Governmental Experts on the implementation of the International Covenant on Economic, Social and Cultural Rights at its 1984 session (see E/1984/WG.1/SR.19 and 22). The second periodic reports concerning rights covered by articles 10 to 12 (E/1986/4/Add.21) and 13 to 15 (E/1990/7/Add.7) were considered by the Committee on Economic, Social and Cultural Rights at its second (E/C.12/1988/SR.14-15) and seventh (E/C.12/1992/SR.4, 5 and 12) sessions respectively.
GE.94-18936 (E) E/1994/104/Add.3 page 2
CONTENTS
Paragraphs Page
Introduction ...... 1-2 3
I. IMPLEMENTATION OF GENERAL PROVISIONS OF THE COVENANT...... 3-24 3
Article 1. The right of self-determination.... 3-5 3
Article 2. Implementation ...... 6-24 3
II. IMPLEMENTATION OF THE SPECIFIC RIGHTS CONTAINED IN THE CONVENTION...... 25-517 6
Article 6. The right to work ...... 25-84 6
Article 7. Just and favourable conditions of work ...... 85-96 14
Article 8. Trade unions ...... 97-119 16
Article 9. Social security ...... 120-220 19
Article 10. The family, mothers and children . . . 221 - 267 31
Article 11. The right to an adequate standard of living ...... 268-390 38
Article 12. Highest attainable standard of health ...... 391-423 56
Article 13. The right to education ...... 424-461 61
Article 14. Compulsory education ...... 462 69
Article 15. Culture and science ...... 463-517 69
List of appendices ...... 78 E/1994/104/Add.3 page 3
Introduction
1. Reference is made to the core document forming part of the reports of States parties submitted by Norway (HRA/CORE/1/Add.6) concerning information on its land and people, general political structure, general legal framework within which human rights are protected and information and publicity.
2. The information supplied in the present report follows the revised general guidelines regarding the form and content of reports of States parties (E/C.12/1991/1, annex).
I. IMPLEMENTATION OF GENERAL PROVISIONS OF THE COVENANT
Article 1. The right of self-determination
3. The first sentence of article 1 of the Norwegian Constitution reads: "The Kingdom of Norway is a free, independent, indivisible and inalienable realm".
4. The Norwegian Government recognizes the right of all peoples to self-determination.
5. Norway has no colonies, and is not responsible for the administration of any non-self-governing or trust territories.
Article 2. Implementation
Paragraph 1 of the guidelines (non-nationals)
6. National law is as a general rule equally applicable to non-nationals and nationals.
7. Section 3 of the Immigration Act of 1988 reads as follows:
"Section 3. The juridical status of foreign nationals. Unless otherwise provided by legislation currently in force, foreign nationals have during their stay in Norway the same rights and obligations as Norwegian nationals."
8. Thus, exceptions to the principle that foreign nationals and Norwegians have equal status must be provided by law. Such legislation might for instance be necessary to make it possible to apply foreign law in certain instances, or to provide for non-equal treatment of nationals and foreign nationals when such differentiation is justifiable.
9. Reference in this regard is also made to Norway’s second periodic report (E/1984/7/Add.16, para. 64).
Paragraph 2 of the guidelines (non-discrimination provisions)
10. Reference is made to Norway’s second periodic report (E/1984/7/Add.16, paras. 57-67). E/1994/104/Add.3 page 4
11. Reference is also made to section 349a of the Penal Code which reads as follows:
"Any person who in an occupational or similar activity refuses any person goods or services on the same conditions as apply to others, because of his religion, race, colour of his skin, national or ethnic origin, shall be liable to fines or to imprisonment for a term not exceeding 6 months. The same penalty shall apply to any person who in any such activity refuses a person goods or services as mentioned because of his homosexual bent, life-style, or inclination.
"The same penalty shall apply to any person who for any such reason as is mentioned in the first paragraph refuses a person admission to a public performance or exhibition or other public gathering on the same conditions as apply to others.
"The same penalty shall also apply to any person who incites or is in any other way accessory to any act mentioned in the first or second paragraph."
Paragraph 3 of the guidelines (development cooperation to promote economic, social and cultural rights)
12. The main goal of Norwegian development cooperation is to contribute towards lasting improvements in economic, social and political conditions for the populations of developing countries. Development assistance shall be used in such a way that it leads to the greatest possible improvement for the poor sections of the population. Thus, there is a strong emphasis on poverty reduction in Norway’s approach to development cooperation.
13. These general principles can be interpreted to mean that there is a commitment to ensure that development cooperation is used to promote the realization of economic, social and cultural rights or, more specifically, the provision of article 11.1 relating to "the right of everyone to an adequate standard of living [...] and to the continuous improvement of living conditions." However, the goals and principles of Norwegian development cooperation do not contain any explicit reference to the International Covenant on Economic, Social and Cultural Rights.
14. Within the broad framework defined by the overall goals for development cooperation, five goals have been emphasized as especially important: sustainable management of natural resources and the environment, economic growth, improved living conditions for the poorest sections of the population, respect for human rights, and the promotion of peace between countries and regions.
15. The above goals and principles are the basis for the identification of the following main priority areas for development cooperation: sustainable development, economic growth, social development and human resources, women in development, children in the development process, democracy and human rights.
16. Human rights are explicitly mentioned both as a goal and as a priority area for Norwegian development cooperation. Human rights are referred to as a general concept without any mention of specific international human rights instruments. However, it can be assumed that human rights in this context E/1994/104/Add.3 page 5 refer to all elements of the International Bill of Human Rights, including the International Covenant on Economic, Social and Cultural Rights.
17. Furthermore, Norway’s policies for development cooperation include statements to the effect that the promotion of human rights should be integrated into day-to-day development cooperation. Norway wishes to support special measures designed to strengthen democratization processes and respect for human rights. Special emphasis will be given to efforts to promote the rights of women, children, ethnic minorities and indigenous peoples.
18. Norwegian development cooperation statistics have not been designed in such a way that it is possible to identify the extent to which individual development cooperation activities contribute to the realization of the specific human rights recognized in the International Covenant on Economic, Social and Cultural Rights. In general, development cooperation monitoring and reporting systems in Norway are primarily designed to provide accurate information on the country allocation of development cooperation funds and the channels through which these funds are transferred.
19. General contributions to multilateral development cooperation organizations account for 36-37 per cent of Norway’s total development cooperation.
20. In the case of Norway’s bilateral development assistance, statistical information is available on the sector composition of activities. Some of the statistical categories can easily be related to specific rights recognized in the International Covenant on Economic, Social and Cultural Rights. However, activities contributing to the realization of other rights do not correspond to the sector classifications used in national reporting on Norway’s development cooperation or in reporting to the Development Assistance Committe (DAC) of the Organization for Economic Cooperation and Development (OECD).
21. The sector allocation of bilateral development cooperation funds for health and familiy planning (NKr 380 million in 1992 or 8.0 per cent of gross bilateral assistance) can be seen as promoting the right to health (art. 12). Similarly, it can be argued that the sector allocation for education (Nkr 1,170 million in 1992 or 24.6 per cent of gross bilateral aid) is allocated to activities promoting the realization of the right to education (art. 13).
22. It is more complicated to identify development cooperation activities promoting the realization of the right to work (art. 6), as the analysis will have to include an assessment of employment creation, both directly and indirectly, in several sector allocations within the bilateral aid budget.
23. The promotion of the trade union rights recognized in article 8 provides another example where development cooperation activities must be analysed both in terms of direct contributions and in terms of indirect effects. Norway’s development cooperation activities include direct support to strengthen free and independent trade unions in developing countries. A number of other measures to support democratic development may also indirectly contribute to the realization of trade union rights.
24. The analysis presented above is intended only to illustrate some of the issues which would be involved in a comprehensive analysis of how development E/1994/104/Add.3 page 6 cooperation activities promote the realization of economic, social and cultural rights. Statistical information systems and reporting requirements for development cooperation activities designed by Norway or collectively by the donor community in the DAC have not been developed with specific reference to the rights recognized in the International Covenant on Economic, Social and Cultural Rights. Norway would welcome further progress in the development of indicator systems to measure the realization of economic, social and cultural rights. Such indicators could contribute to a more systematic assessment of the degree to which individual development cooperation activities promote the realization of such rights.
II. IMPLEMENTATION OF THE SPECIFIC RIGHTS CONTAINED IN THE CONVENTION
Article 6. The right to work
Paragraph 2 (a) of the guidelines (information on employment)
25. The period 1984-1987 was characterized by a rapid expansion in employment and a decrease in unemployment in Norway. From 1984 to 1986, domestic labour demand grew by more than 20 per cent. The number of persons employed in Norway increased by an annual average rate of more than 3 per cent from mid-1984 to mid-1986 and thereafter by another 2 per cent by mid-1987. According to official Norwegian statistics, the number of man-years worked in the Norwegian economy grew by 2.75 per cent in 1985 and by 3.5 per cent in 1986. This is the strongest growth in employment recorded since the reconstruction after the Second World War. Growth in trade and business services was particularly rapid in 1986, when the numbers employed rose by 23,000 and 15,000, respectively. Employment in manufacturing expanded every year during the period 1984-1986. Almost half of the rise in employment in 1987 appears to have been a result of strong labour demand in the public sector, in particular in the municipalities.
26. In the same period, the labour supply grew far more rapidly than the population of working age. The rise in the participation rate was limited to women, and female employment growth remained above average after a record increase of 4.5 per cent in 1986. In the first half of 1987, approximately 80 per cent of women in the age group 25 to 54 were in paid employment.
27. These developments contributed to a significant drop in unemployment in Norway during the same period. The unemployment rate was low in this period, about 2-2.5 per cent. During 1986 Norway started to experience an imbalance in the economy, partly because of rapidly falling oil revenues. There was also a certain lack of skilled labour in some areas, while groups of unemployed persons, particularly in the youngest and oldest age groups, needed training and upgrading of their skills to ease their re-entry into the labour market. More generally, the Norwegian economy had to face significant structural changes in the next few years to adjust to lower revenues from the petroleum sector. An active labour market policy was required.
28. There was a decline in employment from 1988 to 1993. It was steepest from 1988 to 1989, and first and foremost affected young people. There was a general downturn in the labour market for all industries in mainland Norway from 1989 to 1990. The recession was worst in building and construction, E/1994/104/Add.3 page 7 internal trade and sheltered industries. On the other hand, there was a considerable growth in employment in the oil and shipping industries during the same period.
29. The labour force grew by an average of 1.8 per cent per annum in the period 1984-1988, but then declined by 1.3 per cent from 1988 to 1989, by 0.6 per cent from 1989 to 1990, by 0.7 per cent from 1990 to 1991, and by 0.3 per cent from 1991 to the end of 1993. From the fourth quarter of 1992 to the fourth quarter of 1993, employment increased by 0.2 per cent. The age group 25-54 has experienced a certain increase in employment during the past two to three years.
30. The participation rate in the labour market by the elderly fell considerably in Norway in the 1980s, especially among men over 50 years of age. Despite this, the participation rate of the elderly is still relatively high in Norway compared with other countries.
31. Between 1980 and 1990, the number of persons drawing disability benefits (cf. paras. 162-170) also increased sharply, from 6.2 per cent of the working-age population in 1980 to 9.3 per cent in 1990. The increase in the number of people living on benefits is a heavy burden on Norway’s budget. The ageing of the workforce underlines the difficulties Norway faces in this area.
32. Both the involuntary retirement of older workers and the barriers encountered by young people trying to enter the labour market are signs of a labour market that is not functioning properly.
33. There was a rise in unemployment from 1988 to 1993. According to the quarterly labour force survey, the average unemployment rate was 3.2 per cent in 1988 increasing to 4.9 per cent in 1989. From 1990 to 1993 the annual average rose from 5.2 per cent to 6.0 per cent. The unemployment figures have been influenced by the decline in the labour supply. This decline is partly explained by the downturn in the demand for labour and the expansion of higher educational capacity.
34. The table below shows key figures describing unemployment and participation in labour market programmes in the period 1983-1993.
1983 1988 1989 1991 1992 1993
Labour force participation 1/ 68.0 71.1 69.8 68.5 68.4 68.2 Unemployment 2/ 3.3 3.2 4.9 5.5 5.9 6.0 Long-term unemployment 17.0 15.9 27.7 30.5 35.5 32.3 (6 months +) 3/ Registered unemployed 2/ 3.8 2.3 3.8 4.7 5.4 5.5 Labour market programme 1.4 0.4 1.6 2.1 2.3 3.3 participants 2/ Programmes for disabled 4/ 39.0 58.2 25.3 21.2 21.4 16.9 Notes: 1/ Percentage of population. 2/ Percentage of labour force. 3/ Percentage of total unemployment. In Norway, long-term unemployment is defined as unemployment exceeding six months. 4/ Percentage of total labour market programmes. E/1994/104/Add.3 page 8
35. In 1994 there are several indications that the labour market has stabilized. Employment and unemployment have remained at about the same level from the fourth quarter of 1992 to the second quarter of 1993. The latest labour market survey indicates that total employment increased by 15,000 from the fourth quarter of 1992 to the fourth quarter of 1993. The unemployment rate decreased from 5.4 per cent to 5.1 per cent in the same period.
Paragraph 2 (b) and (c) of the guidelines (measures to ensure productive work for all)
36. One of the overriding objectives of the Norwegian Government is to develop the welfare State. This includes efforts to provide employment for all those who wish to work and to enhance the quality of life for the individual.
37. The rise in unemployment has been met with a broad-based strategy whose main elements are: an expansive economic policy, a general policy of structural adjustment in many sectors and an active labour market policy.
38. The labour market policy focuses on measures to improve the functioning of the labour market. Unemployment will be combated mainly by expansion of placement services and by labour market measures designed to enable the unemployed to maintain their qualifications, thus facilitating re-entry into ordinary working life. Efforts to encourage the unemployed to work actively themselves to find new jobs form a key element of the policy.
39. To make it possible to pursue such an active policy, staffing levels at the placement services have been increased. This will make it possible to call in unemployed people for consultations more frequently, normally every three months. The unemployed are under a strict obligation to accept offers of placement and participation in labour market measures. If they do not, their unemployment benefits are discontinued.
40. Government gives special priority to measures aimed at young people and the long-term unemployed. A variety of labour market measures is essential in this context. Training is given priority and more courses end with a formal evaluation.
41. Unemployment among young people in Norway is relatively high even compared with countries where general unemployment levels are higher than in Norway. This problem is partly countered by expanding the capacity of upper secondary schools (cf. para. 440).
42. The Government also gives high priority to broadening and improving the apprenticeship system on the basis of an agreement between employees’ and employers’ organizations. At present this system is only open to a small proportion of the youth cohorts. It is important to strengthen vocational training both in schools and companies to ensure that as many people as possible can complete their vocational education. A well functioning secondary school system with up-to-date curricula and courses related to the demands of the labour market is an important element of efforts to develop an effective and flexible labour market. E/1994/104/Add.3 page 9
43. Since 1988, when the rate of unemployment in Norway started to rise steeply, Norway has pursued an active economic and labour market policy to combat unemployment and to encourage activity. Employment in the public sector (local authorities) has been one element of this policy.
44. The role of the active labour market policy is to reduce the negative effects of unemployment on the individual, and to improve opportunities for the unemployed to re-enter the ordinary labour market by means of activization and qualification. The Government is convinced that active labour market measures focusing on the young long-term unemployed combined with formal schooling are important means of preventing a permanently high rate of unemployment.
45. Norway has chosen to follow an active, ambitious labour market policy that gives priority to programmes designed to upgrade and qualify job-seekers. In 1993, about 3 per cent of the work force was involved in labour market programmes at any given time. In 1988, 2.2 per cent of the labour force participated in temporary labour market schemes, excluding rehabilitation schemes. In 1993 an average of 57,300 people took part in ordinary labour market measures, and an additional 16,200 persons participated in rehabilitation schemes.
46. To combat unemployment among young people, the Government has focused on the following: ordinary education and vocational training, general measures to promote the transition from school to work, and labour market measures based on training and activization.
47. For young people without necessary qualifications, the first priority is given to ordinary education. Since 1987 the capacity of secondary and higher educational institutes has been increased considerably, thus helping to reduce the participation rate of young people in the labour force (cf. paras. 440-441).
48. The labour market policy is designed mainly to help people who are registered as unemployed. For such people below the age of 20, an employment guarantee assures an offer of training or a subsidized job for those who cannot in the first instance be given an ordinary job or attend an ordinary course of education. Most labour market programmes for this group emphasize the training aspect, and encourage the participants to enrol in normal education. The programmes are designed to provide young unemployed people with work experience, and the work normally includes some form of training. The guarantee has reduced the number of unemployed teenagers registered, and has shifted the focus of concern to unemployment among 20-24 year-olds, and especially to long-term unemployment in this age group.
49. Although Norway phased out many direct job creation schemes during the latter half of the 1980s, making training the main instrument of labour market policy for jobless adults, job creation schemes, temporary job creation in the public sector and wage subsidies in the private sector, nevertheless accounted for nearly 30 per cent of all programme participants in 1992. The job creation schemes, which are mainly in the public sector, are primarily intended to help people suffering long-term unemployment. They are viewed as E/1994/104/Add.3 page 10 the most appropriate policy instrument for many people in this category for whom the alternative is a prolonged period of enforced and possibly harmful idleness.
50. An employment guarantee also exists for those long-term unemployed who have been receiving unemployment benefits for more than 80 weeks. This guarantee is organized in the same way as the guarantee for young people. However, job creation schemes are more important than training programmes, in order to create a demand for categories of workers who are in excess supply.
51. In Norway, guarantees are considered to be the most useful way of activating the unemployed and to give the public employment service more responsibility for following up such groups.
52. For unemployed adults not covered by an employment guarantee, the policies emphasize counselling and labour market training.
53. Labour market training courses are the main programme designed for unemployed adults, and accounted for more than 40 per cent of all labour market participants in 1992.
54. New initiatives in the labour market strategy focus on the need to upgrade the existing labour force as well as to train the unemployed. One such programme is known as "training substitutes". Unemployed people are trained to work as substitutes allowing employees to be given leave for further schooling or training or for temporary engagement as leader of unemployment projects. Substitutes are paid by the labour market authorities for periods up to ten months. The primary aim of these programmes is to train and give temporary employment to unemployed people and to strengthen their motivation for further training and job search. At the same time companies are given the opportunity to qualify their work force on favourable terms and thereby strengthen their competitive position.
55. All employees are covered by a compulsory unemployment benefit scheme that is part of the National Insurance Scheme. The scheme is administered by the labour market authorities, and is integrated into the general services offered by employment offices. The unemployment benefit system is based on three main principles: partial compensation (below earlier wages), limited duration, and availability for ordinary employment (only de facto job- searchers are covered).
56. A central aim of the most recent changes in the unemployment benefits scheme has been to improve economic security during long-term unemployment. At the same time control measures have been improved, both to secure effective job seeking and to prevent fraud. For further information on unemployment benefits under the National Insurance Scheme, reference is made to paragraphs 190-195.
Paragraph 2 (d) of the guidelines (freedom of choice of employment)
57. The policy and strategy described above show that there is no discrimination in Norway as regards the freedom of choice of employment and E/1994/104/Add.3 page 11 that conditions of employment do not infringe upon fundamental political and economic freedoms of the individual. On the contrary, the policy is designed to give all individuals both education and appropriate work.
Paragraph 2 (e) of the guidelines (technical and vocational training programmes)
58. Labour market training is a supplement to ordinary education. Its aim is to give short vocational courses focused on specific needs of the labour market. Labour market training courses are the means of qualifying unemployed adults for ordinary work. With developments in the labour market, the emphasis of the labour market training courses has changed, from short-term job- or trade-specific training towards longer, more formal vocational courses. This is a response to the growing demand for formal schooling in the labour market, combined with the fact that the unemployment rate is much higher among those with little education than among people who have higher education.
59. The responsibility for on-the-job training rests with the enterprises. However, initiatives have been taken to combine the need for training and work experience for the unemployed and to ease the burden of employers providing training for employees.
Paragraph 2 (f) of the guidelines (difficulties encountered in attaining full, productive and freely chosen employment)
60. The main objective of overall Norwegian economic policy is to achieve full employment. The Norwegian Government is constantly attempting to improve its strategy in order to attain this overriding objective.
61. A flexible, efficient labour market will be very important in efforts to achieve further growth in the economy and employment. Norway will therefore make every effort to improve the public employment service in order to provide a better match in the supply of and demand for labour. Norway has an integrated public employment service which provides unemployment benefits, counselling, placement and labour market measures. Ways of using employers’ and employees’ organizations more actively in the placement process are currently being discussed.
62. Labour markets and access to jobs cannot be improved unless the labour market policy involves close cooperation with employers’ and employees’ organizations. Examples in this respect are income policy, the apprenticeship system, employment measures and training places for the unemployed.
63. Close cooperation between different administrative levels is also important, especially between local and regional levels. Norway’s strategy is to involve the local authorities more in order to improve the efficiency of labour market measures such as job creation schemes.
64. Vocational rehabilitation of disabled persons is also an area of priority in Norwegian labour market policy. During recent decades, increasing numbers of workers have been defined as disabled and have become recipients of disability pensions, thus permanently removing them from the labour market E/1994/104/Add.3 page 12
(cf. para. 31). It is important to offer such risk groups active rehabilitation measures rather than passive social security benefits in order to maintain an active labour force. This must also be seen in connection with the strategy of strengthening the internal labour market for less productive workers.
65. Programmes for the disabled are based on two main strategies: early intervention, and integration.
66. The fundamental principle is that work is important both for the individual and for society, and that individual citizens should take part in production acccording to their ability. Thus, every possibility of involving disabled people in productive activity should be explored before a disability pension is awarded. A two-pronged approach is being followed: on one hand the medical criteria for receipt of disability pensions and sickness benefits have been defined more restrictively, and on the other hand increased emphasis is being given to vocational rehabilitation.
67. Early intervention is combined with emphasis on the responsibility of employers to prevent disability from arising at the workplace and to provide rehabilitation for any employees who become disabled. During rehabilitation, wage subsidies or wage compensation may be given. A new service has now been set up within the labour market service to assist employers in organizing workplace rehabilitation. This entails a shift in policy from passive economic subsidies to professional guidance.
68. Integration means that disabled people are given training and work experience in an integrated setting, and that open employment is preferred to sheltered employment whenever possible. Economic incentives in the form of time-limited wage subsidies are offered to employers to facilitate placement of disabled workers in permanent jobs, or "work experience" programmes.
69. Even so, sheltered employment is an important part of the programmes for the disabled, targeted mainly at the mentally retarded and other groups with limited work ability. "Labour market enterprises" have a dual function, in that they provide both short-term rehabilitation and long-term sheltered employment. Efforts are also made to integrate groups such as the mentally retarded into normal employment. These are based on a new approach known as "supported employment", which offers personal support to the disabled after job placement.
Paragraph 3 (a) of the guidelines (distinctions, exclusions, restrictions or preferences between persons or groups of persons)
70. There are no such elements of discrimination in Norwegian employment and labour market policy.
71. Reference is also made to paragraphs 6-9. E/1994/104/Add.3 page 13
Paragraph 3 (b) of the guidelines (situation regarding vocational guidance etc.)
72. At the end of May 1993 the number of immigrants registered as unemployed was 9,500, i.e. 10.7 per cent of the labour force for this group. An immigrant is defined by the Directorate of Labour as a person born outside Norway of a non-Norwegian mother and living in Norway. The total for the population as a whole was 5.1 per cent. Recent unemployment figures for immigrants from Asia are as follows: 10.1 per cent in 1989, 17 per cent in 1992 and 17.4 per cent in 1993. The figures for immigrants from Africa are: 11.6 per cent in 1989, 19.8 per cent in 1992 and 20.5 per cent in 1993. The corresponding figures for immigrants from South and Central America are 8.8 per cent, 16.2 per cent and 16.6 per cent. The increase in unemployment from 1992 to 1993 was no greater in these groups of immigrants than for the population as a whole.
73. For the second half of 1993 the number of non-native-Norwegian speakers registered as completely unemployed was on average 7,200, of whom an average of 2,250, or 31.3 per cent, had been unemployed for 26 weeks or more. On average 51 per cent had been unemployed for up to 12 weeks. The figures for the whole population for the whole of 1993 were 32.3 per cent for long-term unemployed and an average of 49.6 per cent for those with an unemployment period of 12 weeks or less. Thus the registered figures for non-native-Norwegian speakers do not show a longer unemployment period than those for other unemployed groups.
74. An average of about 3,000 non-native-Norwegian speakers participated in ordinary labour market schemes for individuals in 1993. This represented 5.2 per cent of the average number of participants in such schemes in that year. In comparison, non-native-Norwegian speakers formed 6.2 per cent of the registered unemployed workforce during the second half of 1993.
75. An average of 667 non-native-Norwegian speakers participated in trainee placement schemes, representing on average 4.9 per cent of the total number of persons taking part in such schemes.
76. Just under 500 non-native-Norwegian speakers were involved in employment measures in the public sector, representing about 3.4 per cent of the total number of persons benefiting from employment measures.
77. Eleven non-native-Norwegian speakers, or 0.4 per cent of the total number of participants, participated in schemes for the temporary replacement of employees on leave. These figures are monthly averages for 1993.
78. In the same year 275 non-native-Norwegian speakers, or 7.1 per cent of the total number of participants, participated in schemes involving supplementary wages to employers.
79. In 1993, 62.3 per cent of women in the age group 16-74 years were part of the labour force, as opposed to 74.1 per cent of men. Of these women, 5.2 per cent were job-seekers without any income from employment. The E/1994/104/Add.3 page 14 corresponding figure for men was 6.6 per cent. The figures for unemployed persons registered at the local employment offices, were 4.6 per cent for women and 6.5 per cent for men.
80. At the end of August 1993 women represented 45 per cent of the participants in ordinary labour market schemes for individuals. This is somewhat higher than the percentage of women registered as unemployed (42 per cent). Women were most strongly represented in qualification schemes (50-64 per cent). With regard to the supplementary wages to employers scheme, which has a relatively limited scope but is an important employment measure, women were strongly under-represented, constituting only 30 per cent. The proportion of women in employment measures in the public sector was 39 per cent.
Paragraph 3 (c) of the guidelines (main cases in which a distinction, exclusion or preference based on race, etc. is not considered as discrimination)
81. Reference is made to Norway’s second periodic report (E/1984/7/Add.16, paras. 57-60 and 63-65).
Paragraph 4 of the guidelines (proportion of the working population holding more than one full-time job)
82. Both men and women with small children work longer hours today than in 1980. Married men with small children are working more both inside and outside the household, and their weekly working hours increased by 3.5 hours during the 1980s. In 1993, 6.3 per cent (126,000 persons) of all employed persons had secondary employment. In 1990, the figure was 6.5 per cent. Approximately 50 per cent of these had more than a full-time job. However, it is not possible to conclude that all these had a secondary employment in order to secure an adequate standard of living.
Paragraph 5 of the guidelines (changes since previous report)
83. No such changes in national legislation or practice have been made.
Paragraph 6 of the guidelines (international assistance)
84. Norway does not receive development aid.
Article 7. Just and favourable conditions of work
Paragraph 1 of the guidelines (reference to other reports)
85. Reference is made to Norway’s second periodic report (E/1984/7/Add.16, paras. 66-84). Reference is further made to reports submitted in accordance with ILO Convention No. 155 concerning Occupational Safety and Health, No. 14 concerning Weekly Rest (Industry), No. 132 concerning Holidays with Pay and No. 100 regarding Equal Remuneration. E/1994/104/Add.3 page 15
Paragraph 2 (a) of the guidelines (principal methods used for fixing wages)
86. The principal methods used for fixing wages in Norway are collective wage agreements negotiated between workers’ and employers’ organizations or individual agreements in which wages may be fixed either through negotiations or unilaterally by the employer.
Paragraph 2 (b) of the guidelines (system of minimum wages)
87. No general system of minimum wages has been established either by law or in practice. However, collective wage agreements may take the form of minimum wage agreements. When this occurs, the minimum wage agreements contain minimum wage rates but they assume that personal increments are given where appropriate. Some minimum wage agreements include criteria for determining personal increments. Such agreements also contain a condition providing for annual local review of the average income level in the enterprise. Thus, in the case of minimum wage agreements the actual pay is normally higher than the stipulated minimum wage.
Paragraph 2 (c) of the guidelines (equality in remuneration)
88. Reference is made to the report to the ILO Committee of Experts for the period ending 30 June 1993 on the application of ILO Convention No. 100.
Paragraph 2 (d) of the guidelines (income distribution of employees)
89. Such statistical information is not available in Norway.
Paragraph 3 of the guidelines (minimum conditions of occupational health and safety)
90. Occupational health and safety are governed by the Working Environment Act. The overall objective of the Act is to ensure that working environments are fully satisfactory. In order to achieve this, the Act contains provisions governing the workplace, technical appliances and equipment, toxic and other noxious substances, planning of work and the situation of occupationally handicapped employees. The Act also makes it the duty of the employer to ensure that the enterprise is arranged and maintained in accordance with these provisions. The main method for enforcing the provisions is a system of internal control, which entered into force on 1 January 1992. Under this system, the person responsible for the enterprise has an obligation to establish an internal control system to ensure that the work is planned, organized and performed so as to ensure compliance with statutory requirements. The internal control regulations assume an increasing emphasis on system audit. This means that the supervisory authority undertakes a detailed examination of the documentation submitted by the enterprise concerning its plans of action, organization and routines for monitoring health, environment and safety. The supervisory authorities also carry out spot tests. E/1994/104/Add.3 page 16
Paragraph 3 (a) of the guidelines (categories of workers excluded from existing schemes or which benefit insufficiently or not at all)
91. The Working Environment Act makes no distinction between different categories of workers, i.e. part-time and full-time workers. All employees are included in the existing occupational health and safety schemes. Some branches of industry are exempted from the provisions of the Act, i.e. shipping, fishing and military aviation. These workers are covered by other provisions.
Paragraph 3 (b) of the guidelines (information on occupational accidents and diseases)
92. During the last 20 years an average of 84 people per year have lost their lives in accidents at work, but during the last five years the average has been reduced to 63 per year. The Labour Inspection registers about 2,000 occupational diseases and 25,000 occupational injuries every year. These figures are thought to represent about 25 per cent of the actual figures, due to under-reporting. The registration of occupational diseases suffers from the same inadequacy. The government has no statistical or other information on the nature of the occupational accidents and diseases.
Paragraph 4 of the guidelines (principle of equal opportunity for promotion)
93. The Government believes that the principle of equal opportunity for promotion is realized in Norway, but it has no documentary proof of this.
Paragraph 5 of the guidelines (rest, leisure, reasonable limitations of working hours, periodic holidays with pay and renumeration for public holidays)
94. Reference is made to the reports to the ILO Committee of Experts on the application of Convention No. 14, for the period ending 30 June 1990, and Convention No. 132 concerning Holidays with Pay, for the period from 1 July 1982 to 30 June 1986.
Paragraph 6 of the guidelines (changes since previous report)
95. Any such changes have already been dealt with under the relevant answers above.
Paragraph 7 of the guidelines (international assistance)
96. Norway does not receive development aid.
Article 8. Trade unions
Paragraph 2 of the guidelines (conditions for joining and forming trade unions)
97. There are no conditions whatsoever for joining or forming a trade union. The authorities do not interfere with the right of any person to join or form organizations. E/1994/104/Add.3 page 17
Paragraph 2 (a) of the guidelines (special legal provisions regarding the establishment of trade unions by certain categories of workers)
98. There are no provisions concerning the establishment of trade unions by particular categories of workers.
Paragraph 2 (b) of the guidelines (restrictions placed upon the exercise of the right to join and form trade unions by workers)
99. Norway has no such restrictions.
Paragraph 2 (c) of the guidelines (how the Government secures the right of trade unions to federate and join international trade union organizations)
100. The Government does not interfere with the actions of trade unions or other organizations. Hence, there are no legal or practical restrictions on the right of the organizations to federate or to join international union organizations.
Paragraph 2 (d) of the guidelines (conditions and limitations placed upon the right of trade unions to function freely)
101. There are no such conditions or limitations.
Paragraph 2 (e) of the guidelines (data on the number and structure of trade unions established)
102. Please find attached as appendix 1 a copy of the relevant tables in the Statistical Yearbook 1993.
103. About 60 per cent of the Norwegian workforce belong to a trade union. About 35 to 40 per cent in the private sector are union members, and about 90 per cent in the public sector. The proportion of trade union members has remained at about the same level for the past 25 years.
104. The Norwegian trade union movement is highly centralized and has three main organizations. The most representative is the Norwegian Confederation of Trade Unions. This has 30 affiliated national unions representing a broad selection of industries and the public sector, with a total of 774,000 members. The other two main organizations are the Federation of Norwegian Professional Associations (227,000 members) and the Confederation of Vocational Unions (199,000 members).
105. All three federations have members from both the private and the public sector.
106. In addition, there are some 25 smaller unions, which do not belong to any national federation. They have about 121,000 members altogether. The largest is the Norwegian Union of Teachers, with 66,000 members. E/1994/104/Add.3 page 18
Paragraph 3 of the guidelines (right to strike)
107. The right to strike is not specifically laid down in Norwegian legislation. In practice and in theory it is, however, considered part of the Norwegian legal system. Thus the unions have the right to strike unless this is explicitly prohibited, as is the case for the police force (reference is made to paras. 116-118).
Paragraph 3 (a) of the guidelines (restrictions placed on the right to strike)
108. The Labour Disputes Act of 1927 and the Public Service Disputes Act of 1958 impose a duty to maintain industrial peace for the duration of a collective agreement. The Acts also contain provisions governing the entry into or renewal of a collective agreement. If direct negotiations between the parties fail, the parties may not resort to industrial action until the State Mediator has been formally notified of the failure of negotiations. If he finds that, in view of the nature of the undertaking or the extent of the dispute, a work stoppage will be detrimental to the public interest, he is entitled to prohibit it until compulsory mediation has been tried. After 10 days of mediation either party may demand that the mediation be terminated. The State Mediator then has four days at his disposal to achieve an agreement between the parties. If he fails, the parties may take industrial action.
109. Together, the provisions of the Labour Disputes Act and the Public Service Disputes Act apply to all the trade unions in Norway.
Paragraph 3 (b) of the guidelines (special legal provisions regarding the exercise of the right to strike by certain categories of workers)
110. There are no legal restictions on the right to strike in Norway, except those applying to the police, the armed forces and senior civil servants. (Reference is made to paras. 116-118).
111. There is, however, broad consensus that the Government has the ultimate responsibility for preventing labour disputes from causing serious damage to society. If the Government finds that a strike has such serious consequences that it ought to be terminated, the Government must submit a special bill to this effect to the Storting.
112. In all six cases where the Storting passed such a bill, this resulted in a complaint to the ILO from the trade union concerned in the conflict and in all these cases the ILO criticized the Norwegian practice.
113. The Government has recently commissioned the Norwegian Labour Law Council to revise the Labour Disputes Act. The aim of the revision is to develop a system which is in compliance with the ILO’s interpretation of ILO Conventions Nos. 87 and 98, while taking account of national interests.
114. The Norwegian Labour Law Council is an advisory agency to the authorities in matters of labour legislation. It contains an equal proportion of representatives from the authorities and from the two largest workers’ and employers’ organizations. E/1994/104/Add.3 page 19
115. Please note that on ratification Norway made a reservation with regard to article 8, 1 (d), on the grounds that the Government was not certain whether the Norwegian practice of prohibiting industrial action and imposing compulsory arbitration (as described above) would be permitted under the Convention.
Paragraph 4 of the guidelines (restrictions concerning the exercise of the right to join and form trade unions and to strike)
116. According to section 20 of the Police Act of 1936 the police are expressly prohibited from striking.
117. There are no statutory provisions prohibiting the armed forces from striking, but a prohibition to this effect is undoubtedly part of the Norwegian legal system. In connection with the passing of the Act relating to Regular Officers in 1977, the Storting debated whether a prohibition against striking should be included in the Act. This was, however, deemed to be unnecessary as it was considered to be a distinctive feature of the armed forces that they are precluded from exercising the right to strike.
118. With respect to the public administration, the general rule is that civil servants enjoy the same right to strike as other employees. This does not apply to senior officials, who are appointed by the King. The reason why these officials are in a different position is the fact that they cannot resign from their jobs, and cannot be given notice. If they wish to leave they must apply for a dismissal.
Paragraph 5 of the guidelines (changes since previous report)
119. No such changes have been made.
Article 9. Social security
Paragraph 1 of the guidelines (reference to other reports)
120. Reference is made to the reports submitted by Norway in compliance with ILO Conventions Nos. 102 (social security (minimum standards)), 128 (invalidity, old-age and survivors’ benefits), 130 (medical care and sickness benefits) and 168 (employment promotion and protection against unemployment), and to previous reports submitted to the Committee concerning article 9 (E/1978/8/Add.12, pp. 21-22 and E/1984/7/Add.16, pp. 19-22).
121. Reference is also made to the brochure "The Norwegian Social Insurance Scheme. A Survey, January 1994" (appendix 2).
Paragraph 2 of the guidelines (branches of social security)
122. All the branches of social security mentioned under paragraph 2 are covered by the Norwegian social insurance system. Moreover, reference is made to Appendix 2 as far as rehabilitation benefits (chap. 7), benefits to single parents (chap. 12), funeral grant (chap. 13) and advance payment of maintenance payment for children (chapter 14) are concerned. E/1994/104/Add.3 page 20
Paragraph 3 of the guidelines (main features of the schemes in force)
123. Every person resident or working in Norway is insured under the National Insurance Scheme, as set out in the National Insurance Act, No. 12 of 17 June 1966 with amendments (cf. sects. 1-2) and all persons resident in the realm are covered by the Family Allowance Act, No. 2 of 24 October 1946 with amendments (cf. sect. 1) (both Acts are included in appendix 3).
124. Norwegian social insurance benefits are often related to a "basic amount" (BA) which is defined in the National Insurance Act. For instance the income from paid employment used in the calculation of sickness benefits is limited to six times the basic amount (6 BA). Pensions, too, are calculated on the basis of the basic amount.
125. The basic amount is readjusted every year to take account of the inflation rate and the general increase in wages. Thus, the function of the BA is to ensure that the incomes of pensioners and other beneficiaries rise at approximately the same rate as those of the working population.
126. The basic amount has undergone the following increases in the five-year period up to 1994:
01.01.89 NKr 31,000 01.04.89 NKr 32,700 01.04.90 NKr 34,000 01.12.90 NKr 34,100 01.05.91 NKr 35,500 01.05.92 NKr 36,500 01.05.93 NKr 37,300 01.05.94 NKr 38,080
127. Decisions concerning Norwegian social security benefits may be brought before the Insurance Court of Appeal, according to Act No. 9 of 16 December 1966 concerning appeals to this body (cf. appendix 3). The Court of Appeal is an administrative body, but is not subject to instructions regarding decisions in individual cases.
Medical care
128. Accommodation and treatment, including medication, in hospitals is free of charge for all insured persons. This follows from the provisions of the Hospitals Act of 19 June 1969 and the Act No. 2 of 28 April 1961 on mental health care.
129. In the case of medical or psychological treatment provided outside hospitals, as well as prescribed medication and transportation expenses in connection with examinations or treatment, the patient has to pay a share of the cost. The main part of the cost, however, is covered by the local authorities and/or the National Insurance Scheme. For example, an adult currently pays NKr 78 to consult a general practitioner and 30 per cent of the cost of certain essential drugs (with a maximum of NKr 300 per prescription). E/1994/104/Add.3 page 21
130. A ceiling for the amount of costs paid by the patient in a single year was introduced in 1984 (NKr 990 in 1993), and patients with certain diseases and certain groups of persons, e.g. children under the age of 7, are exempted from having to pay any of the costs.
Cash sickness benefits
131. An insured person who has an annual income of at least half of the basic amount (cf. paras. 124-126) is entitled to a daily cash benefit if she or he is incapable of working due to sickness. Income exceeding 6 BA is not compensated. As a general rule the person in question must have been in paid employment for at least 14 days.
132. Daily cash benefits for employees equal 100 per cent of their earnings (up to an income of 6 BA), and are paid out from the first day of sickness for a period of up to 260 days (52 weeks). The benefits are paid by the employer for the first two weeks, and thereafter by the National Insurance Scheme. For the first two weeks no minimum income level applies.
133. Self-employed persons receive sickness benefits corresponding to 65 per cent of their earnings from the fifteenth day of sickness for a period of up to 250 days (50 weeks). They may choose to pay a higher national insurance contribution in order to ensure that they receive 65 per cent of their earnings from the first day of sickness or 100 per cent from either the first or the fifteenth day of sickness.
134. An employee who is absent from work due to having to care for a sick child under 12 years of age is entitled to daily cash benefits at the same rate as for his or her own sickness for up to 10 days, or 15 days in the case of more than two children, in the course of a calendar year. Single parents are entitled to such benefits for up to 20 days, or 30 days for more than two children. In the case of disabled or chronically ill children under 16 years of age, the period of paid parental leave for employees may be extended to 20 days per year (40 days for single parents).
135. If a child under 16 years of age suffers from a serious or potentially fatal disease, the parents are entitled to parental leave for a period of three years. The benefits are equal to 100 per cent of their earnings (not exceeding 6 BA) for one year (260 days) and to 65 per cent during the second and third year. No upper age limit applies in the case of mentally handicapped children. The expenses are covered by the National Insurance Scheme. In addition, the parents may avail themselves of parental leave as described in the preceding paragraph.
136. Furthermore, an insured person who is caring for a close relative at home who is terminally ill is entitled to sickness benefits from the National Insurance Scheme at the same rate as for his or her own sickness. These benefits are paid for up to 20 days for each patient.
Maternity benefits
137. During the reporting period several amendments have been made to the National Insurance Act of 17 June 1966 concerning daily cash benefits for E/1994/104/Add.3 page 22 maternity and paternity leave and leave in connection with adoption. In particular, the period of paid leave has been extended considerably over the past few years.
138. In order to be entitled to paid maternity leave, an insured woman must have been in paid employment for at least six out of the ten months preceding her confinement. Moreover, the same conditions apply to daily cash benefits as to cash sickness benefits (cf. para. 131). This means, inter alia, that income exceeding 6 BA per year is not taken into account. Under the collective wage agreements, however, all employees in the public sector and some in the private sector are entitled to full salary compensation.
139. As of 1 May 1990, paid maternity leave was extended from 24 to 28 weeks with 100 per cent salary compensation, or 35 weeks with 80 per cent salary compensation, according to preference. As of 1 April 1991 the leave periods were extended to 30 weeks with 100 per cent compensation or 38 weeks with 80 per cent compensation. In addition, as of 15 April 1991, women became entitled to two weeks (10 working days) of leave with 100 per cent compensation (or 12 working days with 80 per cent compensation) before their confinement. As of 1 April 1992 the periods were extended to 33 weeks with 100 per cent or 42 weeks with 80 per cent compensation, and as of 1 April 1993 they were further extended to 42 weeks with 100 per cent or 52 weeks with 80 per cent compensation.
140. The mother is required to take three weeks of maternity leave before her confinement, and she is obliged to take at least six weeks leave immediately following her confinement. Benefits are payable from 12 weeks before the confinement. If the mother resumes work before the period of paid maternity leave has elapsed, the father is entitled to the daily cash benefits for the remaining period. Four weeks of the total leave period are reserved for the father. In these cases the father must satisfy the same employment requirements as the mother. The father’s entitlement to cash benefits is dependent on that of the mother, which means, inter alia, that if the mother holds a part-time job, his parental leave compensation will be reduced accordingly. He is, however, entitled to compensation based on his own salary.
141. Adoptive parents who meet requirements equivalent to those which apply to other parents (cf. para. 138) are similarly granted paid leave. The leave period in the case of adoption was extended from 26 weeks with full compensation or 33 weeks with reduced compensation as of 1 May 1990 to 37 weeks with full compensation or 46 weeks with 80 per cent compensation as of 1 April 1993. The adoptive parents may share the leave period according to their own preferences. Each of them must, however, take at least four weeks’ paid leave.
142. All necessary medical examinations during pregnancy and after the confinement are free. In the case of delivery at home, a birth allowance of NKr 1,685 is granted.
143. By law, an employee who is obliged to cease working before confinement due to a hazardous working environment is entitled to paid leave from the time E/1994/104/Add.3 page 23 she stops working. This does not affect the entitlement to paid leave for the periods as mentioned in paragraph 142 after her confinement.
144. In the case of multiple births or adoptions, the parents are entitled to full daily cash benefits for two extra weeks (or three weeks at the reduced rate) for each child in addition to the first.
145. A woman who is not entitled to paid maternity leave (cf. para. 138) receives a lump sum maternity grant of NKr 23,275 as of 1 January 1994. The same amount is payable to parents who do not meet the requirements for paid leave in the case of adoption. The grant has been substantially increased in recent years; in 1991 it was NKr 10,750 and in 1993 NKr 17,790. In 1994 it is expected that about 17,000 women will receive such a grant.
Old-age benefits
146. The retirement age is 67. There are no provisions for early retirement under the National Insurance Scheme.
147. The old-age pension may be deferred in whole or in part until the age of 70, and the pension may be reduced between the ages of 67 and 70 if the person has earned income which exceeds the basic amount. The pension is then reduced by 50 per cent of the excess income.
148. An old-age pension consists of a basic pension, a supplementary pension and/or a special supplement, and where appropriate supplements for children and spouse. As of 31 December 1992, 620,549 persons or 14.4 per cent of the population received an old-age pension, of which 283,450 received the minimum pension (cf. the following paragraph).
149. The minimum old-age pension consists of a basic pension and a special supplement. For a single pensioner the minimum old-age pension was NKr 59,868 a year as of 1 January 1994 (cf., however, the following paragraph). The minimum old-age pension for a married pensioner who receives a supplement for his or her spouse under 60 years of age is NKr 78,516 a year, and NKr 96,828 if the spouse is more than 60 years of age. If both spouses are pensioners, the minimum old-age pension is NKr 48,414 a year for each spouse.
150. Anyone who has been a member of the National Insurance Scheme for a total of three years between the age of 16 and the year they become 66 is entitled to a basic pension. The basic pension is independent of previous income or contributions paid. A full basic pension requires, however, a period of insurance of 40 years or more, and the pension is reduced proportionally in the case of a shorter period.
151. For a single pensioner, or a pensioner whose spouse does not receive a pension from the National Insurance Scheme, the full basic pension equals the basic amount for that year. A pensioner supporting a spouse who is not a pensioner may be entitled to a supplement of up to 50 per cent of her or his basic pension. The supplement is means-tested. If both spouses are pensioners, the full basic pension is 75 per cent of the basic amount for each of them. E/1994/104/Add.3 page 24
152. An old-age pensioner supporting children under 18 years of age may receive a supplement of up to 25 per cent of the basic amount for each child. Such supplements are also means-tested.
153. The supplementary pension scheme was introduced in 1967 to prevent too marked a drop in the standard of living upon retirement.
154. A person is entitled to a supplementary pension if her or his annual income exceeded the average basic amount of any year for at least three years after 1966, when the National Insurance Scheme was introduced. Full credit, in terms of pension points, is given for incomes of up to 6 BA. Furthermore, one third of the income between 6 and 12 BA is credited as pensionable income. Income exceeding 12 BA is disregarded. Before 1992, income of up to 8 BA was given full credit, and one third of the income between 8 and 12 BA was credited.
155. The size of the supplementary pension depends on the number of pension-earning years and annual pension points. A full supplementary pension requires 40 pension-earning years. In the case of fewer than 40 pension-earning years, the pension is reduced proportionally.
156. Pension points are computed for each calendar year. Pensionable income up to 6 BA (before 1992, 8 BA) is reduced by the BA, and the result is divided by the BA. Income between 6 BA (before 1992, 8 BA) and 12 BA is divided by 3 BA.
157. The maximum number of pension points which may be credited for any one year up to 1992 is 8.33. From 1992 onwards, the maximum is 7 pension points per year.
158. A full annual supplementary pension acquired for the pension-earning years prior to 1992 is 45 per cent of the amount obtained by multiplying the current basic amount by the average pension point figure for the 20 years with the highest income (final pension point figure). If the person concerned has earned pension points for less than 20 years, the average of all the pension points credited is used. For pension-earning years since 1991 the supplementary pension percentage is 42. The maximum supplementary pension granted is NKr 133,072.
159. Persons who care without pay for children under seven years of age, disabled, sick or elderly persons are credited a pension point figure of up to 3.00 in the earnings-related supplementary pension scheme. This corresponds to pension entitlements based on an annual earned income of NKr 149,200.
160. Insured persons with only a small supplementary pension or none at all are entitled to a special supplement from the National Insurance Scheme.
161. For a single pensioner, or a pensioner whose spouse does not receive a pension from the National Insurance Scheme the special supplement equals 60.5 per cent of the basic amount. If the supported spouse is 60 years or older, the special supplement equals 109.6 per cent of the basic amount. If E/1994/104/Add.3 page 25 both spouses are pensioners, the special supplement equals 54.8 per cent of the basic amount for each spouse. Any supplementary pension received is deducted from the special supplement.
Invalidity benefits
162. An insured person below the age of 67 who is totally or partly disabled is entitled to disability benefits if she or he is resident in Norway and has been entitled to pension benefits (cf. para. 150) for at least one year immediately before becoming disabled. The residency requirement is waived if the beneficiary is entitled to a supplementary pension (cf. para. 154), in which case a basic pension corresponding to the number of years pension points are credited for is granted. Furthermore, the residency requirement relating to a basic pension is waived if the person has been a resident of Norway for a total of at least 20 years.
163. Disability benefits comprise basic benefit, attendance benefit and disability pension as described in the following.
164. A basic benefit is granted if the disability involves significant extra expenses. There are five basic benefit rates, which are adjusted each year by the Storting. The annual rates for 1993 ranged from NKr 5,304 to NKr 17,652.
165. An attendance benefit is granted if the disabled person needs special attention or nursing. There are four attendance benefit rates, which are adjusted by the Storting. The annual rates for 1993 ranged from NKr 8,820 to NKr 49,392.
166. The basic and attendance benefit rate granted in individual cases depend on the amount of extra expenses incurred in connection with the disability. However, persons over 18 years of age may only receive the lowest rate of attendance benefit. If the person also receives a National Insurance pension which is reduced because he or she has not been insured for the full 40 years (cf. para. 150), the basic benefit and the attendance benefit are also reduced accordingly.
167. A disability pension is granted to an insured person between 16 and 67 whose working capacity is permanently reduced by at least 50 per cent due to illness, injury or handicap. As of 31 December 1992, 236,238 persons or 5.5 per cent of the population received a disability pension, of which 59,438 received the minimum pension (cf. para. 149).
168. The disability pension consists of a basic pension, a supplementary pension and/or a special supplement, and where appropriate supplements for children and spouse. It is calculated on the basis of expected future insurance periods and future pension points for the period up to and including the year the person attains the age of 66. The pension is reduced if the person has spent substantial periods abroad. Future pension points are assessed on the basis of income before the person became disabled. In every other respect the disability pension is calculated as for old-age pensions (cf. paras. 150-161). E/1994/104/Add.3 page 26
169. Persons who are born disabled or became disabled before reaching the age of 24 are granted a guaranteed minimum supplementary pension on the basis of a final pension point score of 3.3, corresponding to an earned income of 4.3 BA.
170. In the case of partial disability, the pension is reduced proportionally.
Survivors’ benefits
171. A surviving spouse under 67 years of age is entitled to benefits if she or he is resident in Norway and the deceased was insured and either able to work or drawing a pension for at least one year immediately prior to his or her death. The residency requirement is waived if the deceased was entitled to a supplementary pension (cf. para. 154), in which case a corresponding basic pension is granted. Furthermore, the residency requirement relating to a basic pension is waived if either the survivor or the deceased has been a resident of Norway for a total of at least 20 years.
172. Education benefit (cf. para. 180), child care benefit (para. 181) and additional maternity grant (para. 182) may be granted even if the deceased did not fulfil the requirement of being insured for one year immediately prior to his or her death, provided that the survivor has been insured and entitled to pension benefits for at least one year immediately before the claim is submitted. These benefits are only paid as long as the survivor continues to be insured in this respect.
173. A divorced spouse who has not remarried at the time of the death of the former spouse is entitled to benefits according to the same rules provided that the death occurs within five years after the divorce, and the marriage lasted for at least 25 years, or 15 years if there were children by the marriage. The benefits terminate if the beneficiary re-marries.
174. A survivor’s pension is granted to a surviving spouse if the marriage lasted for at least five years or the survivor has or previously had children by the deceased or is taking care of the children of the deceased and the aggregate duration of the marriage and the period of care after the death is at least five years.
175. A full survivor’s pension consists of a basic pension equal to the basic amount plus 55 per cent of the supplementary pension which the deceased received, or would have been entitled to as a totally disabled person or as an old-age pensioner. As of 31 December 1992, 34,149 persons or 0.8 per cent of the population received a survivor’s pension, of which 5,070 received the minimum pension (cf. para. 149).
176. If the deceased received or would have received a reduced basic pension because he or she had not been insured for the full 40 years (cf. para. 150), the survivor’s basic pension is reduced proportionally.
177. A special supplement is granted according to the same rules as for old-age pensions (cf. paras. 160-161).
178. The survivor’s pension is means-tested. If the surviving spouse in fact has, or may be expected to have, an annual income exceeding 50 per cent of the basic amount, the pension will be equal to the difference between a full pension and 40 per cent of the excess income. E/1994/104/Add.3 page 27
179. A transitional benefit is granted to a surviving spouse who is temporarily incapable of maintaining him- or herself by working. The transitional benefit is determined according to the same rules as a survivor’s pension (cf. the preceding paragraphs).
180. An education benefit is granted to a surviving spouse who needs education or vocational training to be able to maintain him- or herself.
181. A child care benefit is granted to a surviving spouse who, due to vocational training or work away from home, must leave the necessary care of the children to someone else. The benefit for the first child is NKr 7,716 a year, and for each subsequent child NKr 3,084 a year. The total child care benefit may not exceed NKr 30,192 a year.
182. A widow who gives birth to a child by the deceased, receives an additional maternity grant of NKr 10,695 (cf. para. 145).
183. A child under 18 is entitled to a children’s pension if one or both of his or her parents are deceased and the deceased was able to work and was insured and entitled to pension benefits for one year immediately prior to his or her death. The surviving child is also entitled to benefits if the deceased had been drawing a pension for a period of at least one year prior to his or her death. Children undergoing education receive such a pension up to the age of 20 if both parents are deceased.
184. If one parent is dead, the full annual children’s pension for the first child is 40 per cent of the basic amount, and that for each subsequent child is 25 per cent of the basic amount.
185. If both parents are dead, the first child receives a children’s pension equal to the survivor’s pension (cf. paras. 174-178) which would have been paid to that parent who was entitled to the highest pension. The full children’s pension for the second child equals 40 per cent of the basic amount, and that for each subsequent child 25 per cent of the basic amount.
186. If there are two or more children, the pensions are added together and divided equally among the children.
187. Children’s pension assessed as a percentage of the basic amount is granted at a reduced rate in accordance with the reduction a possible basic pension to a surviving spouse is subjected to due to uncompleted insurance periods (cf. para. 176).
Employment injury benefits
188. An insured person who suffers an occupational injury or an occupational disease is entitled to benefits according to special rules that are generally more favourable than the ordinary rules described above. This applies to medical benefits, etc. as well as to pensions. E/1994/104/Add.3 page 28
189. In addition to any other benefits, an annual occupational injury compensation may be granted on the basis of the medical nature and degree of the injury. Maximum occupational injury compensation from the Social Insurance Scheme is 75 per cent of the basic amount per year.
Unemployment benefits
190. An insured person who is unemployed, registered at an unemployment office, able to work and a bona fide applicant for work, is entitled to daily cash benefits during the period of unemployment provided that he or she has had an annual income from work of at least 75 per cent of the basic amount, either during the last calendar year or on average during the last three years. Daily cash benefits during unemployment, sickness, maternity leave and adoption are regarded as equivalent to income from work for the calculation of unemployment benefits.
191. Daily cash benefits are granted if the person concerned has been unemployed for three of the last ten days while being registered at the unemployment office.
192. The daily benefit rate is 0.2 per cent of previous annual income up to NKr 223,800. Benefits are paid for six days a week. A supplement of NKr 6 per day is granted for each dependent child under the age of 18. The supplement is increased to NKr 15 per day after the person has been receiving benefits for 26 weeks.
193. A holiday supplement of 9.5 per cent of benefits received during the previous year is granted if the beneficiary drew benefits for more than eight weeks that year.
194. Daily cash benefits are payable for a continuous period of 80 weeks, and may be granted again after an intervening period of at least 13 weeks. Benefits may nevertheless be granted also during the intervening period if the public employment office has failed to offer work or labour market measures. The benefits for the second period shall amount to at least 90 per cent of the benefit level at the end of the previous period.
195. After the age of 64 benefits are payable without time limitations until the age of 67. From the age of 67 to the age of 70 benefits are payable for a maximum of 13 weeks.
Family benefits
196. Family allowances are granted to the parents of children under the age of 16 resident in Norway, according to the 1946 Family Allowance Act (cf. appendix 3).
197. The annual rates are, as from 1 January 1994:
NKr 10,416 for the first child, NKr 10,920 for the second child, NKr 12,360 for the third child, NKr 12,996 for the fourth child, and NKr 13,392 for the fifth and each subsequent child. E/1994/104/Add.3 page 29
198. An annual supplement of NKr 5,040 per child is granted for children under 3 years of age.
199. Beneficiaries living in the arctic regions of Norway are granted an annual supplement of NKr 3,732 per child.
200. Single parents are entitled to family allowances for one more child than they actually have. In 1993, the Family Allowance Act was amended in such a way that the right to family allowance for an extra child ceases to apply if the single parent remarries or shares a household with another person with whom he or she has a stable relationship similar to a marriage.
201. In 1992, 510,762 families received family allowances. Benefits were paid for a total of 868,232 children. The total cost of the scheme in 1992 was NKr 11,469,100,000.
Method of financing the schemes
202. The National Insurance Scheme is financed by contributions from employers, employees, self-employed persons and other members, as well as central government grants. Contribution rates and central government grants are determined annually by the Storting. The figures below are for 1993.
203. Contributions from employees and self-employed persons are calculated on the basis of pensionable income. No contributions are paid if the pensionable income is below NKr 17,000. The contributions shall not exceed 25 per cent of income exceeding the threshold amount (NKr 17,000). Cash benefits in the case of sickness, maternity and unemployment are pensionable income.
204. The contribution rate for employees is 7.8 per cent of pensionable income (gross wage income). For self-employed persons, the contribution rate is 10.7 per cent of pensionable income (income from self-employment) up to 12 BA, and 7.8 per cent of income in excess of this. The contribution rate for other kinds of taxable income (pensions, etc.) is 3.0 per cent.
205. The employers’ contributions are assessed as a percentage of wages paid, ranging from 14.3 to 0.0 per cent according to the zone in which the employees reside. There are five zones based on geographical situation and level of economic development.
206. Family allowances (cf. paras. 196-201) are financed from the State budget, not through the National Insurance Scheme.
Paragraph 4 of the guidelines (social security spending)
207. The total expenses of the National Insurance Scheme in 1992 were NKr 113,000 million. The amount represents approximately 29.8 per cent of the combined State and National budgets and 16.1 per cent of the gross domestic product. In 1992, central government grants to the National Insurance Scheme totalled NKr 30,250 million, or 26.8 per cent of the Scheme’s total expenses.
208. Compared with this, the total expenses of the National Insurance Scheme in 1982 were NKr 51,500 million. The amount represented approximately E/1994/104/Add.3 page 30
29.1 per cent of the combined State and National budgets and 14.1 per cent of the gross domestic product. The central Government grants to the National Insurance Scheme were in 1982 NKr 10,235 million, or 19.8 per cent of the Scheme’s total expenses.
209. The reason for this increase can mainly be explained as follows. Firstly, the numbers of old-age pensioners and recipients of disability pensions have increased, mainly as a result of the population increase. Secondly, due to system maturation, persons of younger cohorts are entitled to higher earnings-related supplementary pension benefits.
Paragraph 5 of the guidelines (informal arrangements)
210. It is estimated that somewhat more than half of the employed population belong to one or more of a number of private and public (for public sector employees) pension arrangements which supplement the National Insurance Scheme pensions as described above.
Paragraph 6 of the guidelines (disadvantaged groups)
211. All persons resident or working in Norway are covered by the National Insurance Scheme (cf. para. 123).
212. The provisions of the National Insurance Act apply equally to men and women with the obvious exception of benefits relating to maternity. Reference is also made to CEDAW/C/NOR/3, paragraph 161.
213. Persons with material needs which are not covered by the National Insurance Scheme can receive help from the social services. The local authorities are responsible for offering social protection to all inhabitants resident in the municipality. This responsibility is established by the 1991 Social Services Act. According to the Act, economic aid shall be given to persons who are not able to support themselves. It is a condition that the client has no sufficient means of his or her own and cannot cover his or her needs through other arrangements, by work or by means of National Insurance benefits.
Paragraph 6 (a) of the guidelines (measures regarded as necessary)
214. No comment.
Paragraph 6 (b) of the guidelines (policy measures taken)
215. Two amendments have been made to the National Insurance Act concerning employees who stay at home to look after members of their family. These provisions do not apply only to women, but will in practice mainly affect them.
216. Firstly, as of 1 July 1990 an insured person who remains at home to care for a person with whom he or she has a close relationship during the terminal phase of an illness or injury is entitled to daily cash benefits according to the same rules as apply to absence from work due to illness (cf. para. 136). E/1994/104/Add.3 page 31
217. Secondly, as of 1 January 1992 persons who care for children under seven years of age or disabled, sick or elderly persons will be credited a pension point figure up to 3.00 per year, corresponding to pension rights in the supplementary pension scheme based on an income from work of NKr 149,200 (cf. para. 159)
Paragraph 6 (c) of the guidelines (effect of such measures)
218. No comment.
Paragraph 7 of the guidelines (changes since previous report)
219. Changes during the reporting period have been described above.
Paragraph 8 of the guidelines (international assistance)
220. Norway does not receive development aid.
Article 10. The family, mothers and children
Paragraph 1 of the guidelines (reference to other reports)
221. Norway is a party to the:
International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women and ILO Minimum Age Convention, 1973 (No. 138).
222. Reference is made to Norway’s most recent reports under these Conventions (CCPR/C/70/Add.2, CRC/C/8/Add.7, CEDAW/C/NOR/3, and the ILO report for the period ending 30 June 1991), in particular the initial report to the Committee on the Rights of the Child, as well as to previous reports submitted to the present Committee concerning this article (E/1980/6/Add.5, pp. 1-13 and E/1986/4/Add.21, pp. 2-4).
Paragraph 2 of the guidelines (the term "family")
223. In Norwegian society, the term "family" is used to mean more than just the nuclear family consisting of a mother, father and children. In official Norwegian statistics concerning families, the following types of families are registered: single persons, married couples with children, single mothers with children, single fathers with children and cohabiting couples with children from their relationship. In the near future, cohabiting couples without children and cohabiting couples with children from previous relationships will also be included in the statistics.
224. Legislation in the field of family law is becoming more individualized. A person’s status in society is becoming less and less dependant on his family relationships.
225. Norwegian legislation used to favour traditional marriages above other types of relationships. This has gradually been replaced by more equal status between marriage and cohabitation. More recently, progress has been made in E/1994/104/Add.3 page 32 the treatment of homosexuals through the entry into force of Act No. 40 of 30 April 1993 on registered partnerships for homosexual couples. The Act is discussed further below (para. 265).
Paragraph 3 of the guidelines (age of majority)
226. Reference is made to CRC/C/8/Add.7, chapter II, in particular paragraph 57.
Paragraph 4 (a) of the guidelines (assistance and protection to the family - entering into marriage
227. Reference is made to E/1980/6/Add.5, section A.2.
228. A new Marriage Act (Act No. 47 of 4 July) came into force in Norway in 1991 (appendix 4). The new Act does not contain other conditions for contracting a marriage than those in the previous Act, and does not differentiate between women and men. There are restrictions on contracting a marriage for persons below a certain age or without legal capacity (in which case consent is required), relating to close relatives and to bigamy (prohibited), and relating to contagious diseases that may be transmitted sexually (in which case there is a duty to provide information and seek counselling), (cf. sections 1-5 of the Act).
229. As mentioned in Norway’s first report, the previous Marriage Act of 1918 included a provision entitling a spouse to demand that a marriage be annulled by judgement if he or she had been forced to contract the marriage through illegal conduct calculated to instil serious fear. This provision was not included in the new Marriage Act, but a marriage contracted by coercion may be annulled in accordance with general non-statutory annulment rules.
230. However, information has been received suggesting that marriages may sometimes be contracted by coercion. In particular, this may be a problem for girls who have grown up in Norway but whose parents have a different cultural background, and who in some cases are sent back to the parents’ home country to be married against their will. On this basis, the Storting has questioned whether the general non-statutory annulment rules provide the parties with adequate protection. The Government has since submitted a proposal to the Storting for the inclusion of a separate provision in the Marriage Act providing for the annulment of such marriages.
231. Moreover, the Government has submitted a proposal for an amendment to the Marriage Act to the Storting, such that a further condition for contracting a marriage in Norway is that both parties are legally resident in the country. The proposal has been submitted because increasing numbers of foreign nationals are staying illegally in Norway.
Paragraph 4 (b) of the guidelines (facilitating families)
232. Reference is made to Norway’s first report (pp. 1-6), and second report (pp. 2-3), concerning protection of the family. Reference is also made to CRC/C/8/Add.7, chapter V, and to CEDAW/C/NOR/3, paragraphs 203-205 and 212-220. In addition, the following observations may be made. E/1994/104/Add.3 page 33
233. As mentioned in our second report, paragraph 2, the Children’s Act adopted in 1981 (appendix 5) represented a codification of matters relating to parents and children, its main purpose being to ensure equal conditions for all children irrespective of their parents’ legal relationship. In 1989, a provision was introduced providing children and parents with rights of access even if the parents have not lived together since the child was born. The authorities have begun a general review of the Children’s Act to find out whether it is having the intended effects.
234. Concerning family allowances, reference is made to paragraphs 196-201 above.
235. Concerning parental guidance, reference is made to CRC/C/8/Add.7, paragraphs 167-174.
236. With reference to paragraph 169 of the report to the Committee on the Rights of the Child, it may be added that there are now 59 family welfare offices in Norway, half of which are public and half of which are run by the church.
237. Concerning health services, reference is made to CRC/C/8/Add.7, paragraphs 298-330.
238. Concerning child welfare, reference is made to CRC/C/8/Add.7, paragraphs 15-19.
239. The development programme for child welfare services has eliminated waiting lists of children in need of help. The services now appear to function satisfactorily and in accordance with the objective of providing the necessary assistance at the right time set out in the new Child Welfare Act. Reference is also made to the discussion of the new Act in paragraph 264.
240. Concerning social services, reference is made to paragraph 213.
241. The Social Services Act states that economic aid given by the local authorities shall be adapted to the needs of each individual. The amount of aid is determined separately for each individual, but to decide the level of economic aid, the local authorities must acquire a general view of the applicant’s or the family’s economic situation. The family’s total expenses for children should be taken into consideration.
Paragraph 5 (a) of the guidelines (system of maternity protection)
242. With respect to the scope, length of leave, benefits and their development, reference is made to paragraphs 137-145 as well as to Norway’s first report (pp. 6-10), and second report (paras. 6-7). Reference is also made to CEDAW/C/NOR/3, paragraphs 162-167.
243. Although fathers have been entitled to a proportion of the daily cash benefits since 1978, very few have in fact made use of this right. In 1991 only 2 per cent of fathers took advantage of this opportunity. As from E/1994/104/Add.3 page 34
April 1993 fathers are obliged to use at least a four-week quota of the cash benefit period. With few exceptions, the family will lose these four weeks unless the father uses his right.
244. According to amendments made to the National Insurance Act (1966) and the Working Environment Act (1977) on 11 June 1993, a time-account scheme will come into force on 1 July 1994. This will make it possible for employees to combine reduced working hours with partial parental cash benefits in the case of birth or adoption. Five sets of percentage combinations are available to the parents, e.g. 50 per cent working time - 50 per cent cash benefits, or 90 per cent working time - 10 per cent cash benefits. Leave of absence can be taken in the form of shorter workdays or fewer workdays per week.
245. Time-account agreements are established individually between an employee and her or his employer. An employee who wishes to make use of the scheme must notify his or her employer at least four weeks before full-time leave of absence begins. The employee may choose any of the five given sets of percentage combinations, unless the arrangement greatly inconveniences the employer. A committee including employee and employer representatives shall make decisions in disputes between employee and employer.
246. In 1983 the Working Environment Act (1977) was amended in order to entitle employees to reduce their ordinary working hours for weighty welfare reasons, if the reduction can be arranged without substantial inconvenience to the enterprise. This right has mainly been used by employees with consideration for small children.
Paragraph 5 (b) of the guidelines (disadvantaged groups)
247. Reference is made to paragraph 145.
Paragraph 6 of the guidelines (special measures on behalf of children and young persons)
248. Reference is made to CRC/C/8/Add.7, in particular to chapters VI and VII, as well as to E/1980/6/Add.5, pp. 10-13 and E/1986/4/Add.21, pp. 3-4.
Paragraph 6 (a) of the guidelines (age limits for employment of child labour)
249. Reference is made to CRC/C/8/Add.7, paragraphs 60-62.
250. The minimum age of admission to employment is regulated by the Working Environment Act. According to section 34 of the Act, persons under the age of 15 or who are still required to attend compulsory school may not be employed in work covered by the Act. Section 35, however, lists the following exceptions to the prohibition:
(a) Persons aged 13 or more may be employed for light work from which their health, development and schooling will not suffer;
(b) Persons aged 15 or more who are still undergoing compulsory schooling may be employed for work from which their health, development and schooling will not suffer; E/1994/104/Add.3 page 35
(c) Persons aged 14 or more may be employed for work as a part of their schooling or of practical vocational guidance when the work cannot be detrimental to their health or development.
251. In accordance with the Act regulations have been issued restricting the right to employ certain groups of persons who may be exceptionally vulnerable to accident or health hazards. A minimum age of 20 years is required for foundry workers. A minimum age of 18 is required for several other hazardous occupations.
252. Working hours for children and young people shall be arranged so as not to prevent school attendance necessary for their education, or prevent them from benefiting from the teaching. Working hours and school hours together must not exceed 8 hours per day for children over 13 years of age who are still subject to compulsory school. Section 39 of the Act also stipulates that persons under 18 years of age who attend school shall have at least four weeks vacation per year. They shall have at least two of these weeks during the summer holidays.
Paragraphs 6 (b) of the guidelines (number of children engaged in paid employment)
253. Very few adolescents under 18 years of age are engaged in full-time paid work in Norway. Most adolescents in the age group 16 to 18 years attend upper secondary school. However, many adolescents work part-time. In 1990, the Directorate of Labour surveyed the numbers of adolescents with paid work, and found that 39 per cent of the pupils at upper secondary schools had part-time jobs.
254. Number of adolescents according to age and pensionable income, 1990:
Total number of adolescents Number earning pensionable in age group income
13 years 51 921 3 584 14 years 54 483 7 961 15 years 57 367 18 014 16 years 60 909 29 716 17 years 62 619 43 486
Source: Statistics Norway.
Paragraph 6 (c) of the guidelines (children employed in their families’ households, etc.)
255. Studies have shown that children from the age of 5-6 and upwards are engaged in various forms of care in their local environment, particularly in relation to younger siblings but also involving parents and older people in their families or the neighbourhood. One study showed that at the age of 10-12, children spent an average of 5.5 hours a week doing housework at home E/1994/104/Add.3 page 36 and more than 2 hours a week caring for others. Children appear to do more housework if their mothers work full-time outside the home than if they work part-time or do not have paid work. Housework includes tasks such as cooking, tidying and cleaning.
Paragraph 6 (d) of the guidelines (disadvantaged groups)
256. Reference is made to CRC/C/8/Add.7, paragraphs 91-93 on non-discrimination, 70 on children without living biological parents, 219-220 on children deprived of their family environment, and 288-297 on physically and mentally disabled children. Reference is also made to sections 36-37 of the Children’s Act (1981) (appendix 5), concerning parental responsibility after a death.
257. There are no particular groups of children who do not enjoy the same rights as others, nor are there groups who do not have access to measures of protection and assistance. On the contrary, such measures are usually designed precisely for the benefit of such vulnerable groups.
258. Physically and mentally disabled children have the same legal rights as other children. The paramount objectives with regard to the disabled are to ensure full participation and equality.
259. In Norway, children with disabilities are given priority so they can stay in normal kindergartens, and nearly 100 per cent of all disabled children of primary school age are now given individually adapted education in their local schools. With effect from 1994, all those who have completed nine years of primary school or equivalent education will be entitled to three years of full-time secondary education (cf. para. 440). Pupils who in the opinion of experts are in need of further specially adapted instruction and capable of benefiting from it may continue for up to a maximum of five years or until they reach the age of 22.
Paragraph 6 (e) of the guidelines (information about rights)
260. The objective of the authorities is to ensure that the principles and provisions of the Convention on the Rights of the Child are made known to and understood by the general public. This requires a concentrated effort over time, and cooperation between government agencies and voluntary organizations. It also requires that many different tools be used in relation to both children and adults (cf. CRC/C/8/Add.7, paras. 46-56).
261. As regards the child’s right to information and the opportunity to put forward his own views concerning a child welfare case pursuant to the Child Welfare Act, reference is made to CRC/C/8/Add. 7, paragraph 211. Paragraphs 63-71 of the same document contain a general discussion of the child’s right to express an opinion and to an increasing degree of self-determination. E/1994/104/Add.3 page 37
Paragraph 6 (f) of the guidelines (difficulties and shortcomings)
262. No comment.
Paragraph 7 of the guidelines (changes since previous report)
263. Amendments to legislation, etc. are mentioned in the relevant paragraphs above, e.g. proposed amendments to the Marriage Act (cf. paras. 230-231) and the introduction of paternity leave quotas and the time-account scheme (cf. paras. 243-245).
264. Furthermore, a new Child Welfare Act was adopted on 17 July 1992. This replaces the former Act of 1953, which was discussed in Norway’s first report. The main objective of the new Act is to ensure that children and adolescents living in harmful conditions receive the right kind of help at the right time. To achieve this, it is essential to ensure that the child welfare authorities become involved at an early stage. The Act therefore includes provisions on the following matters:
(a) Investigations and assistance measures may be implemented at an earlier stage than provided for by the 1953 Act;
(b) There are specific time-limits for when a notification to the child welfare authorities shall be considered, cases investigated and measures implemented;
(c) Local and regional authorities may be fined if the time limits are exceeded;
(d) A regional welfare board has decision-making authority in cases involving coercion. This safeguards the legal rights of the individual, since the child welfare services avoid their earlier dual role as helper and enforcer;
(e) Introduction of a spokesperson for the child in cases submitted to the regional welfare board as from 1993.
265. In addition, Act No. 40 of 30 April 1993 on registered partnership for homosexual couples should be mentioned. This concerns mutual rights and obligations of two homosexual adults, and of the couple and society. Pursuant to the Act, all provisions that apply to married couples also apply to registered homosexual couples, with the exception of the right to marry and to adopt children. The Act does not affect the rights and duties of parents and children. Any children which either of the two may have remain the responsibility of the biological parents.
266. Norway ratified the Convention on the Rights of the Child on 8 January 1991, and it came into force on 7 February that year. E/1994/104/Add.3 page 38
Paragraph 8 of the guidelines (international assistance)
267. Norway does not receive development aid.
Article 11. The right to an adequate standard of living
Main trends in the standard of living in Norway
268. According to a recent report on the standard of living in Norway (NOU (Official Norweigan Report) 1993:17), most people experienced a rise in their standard of living during the 1980s. The report also states that today the main dividing line is between the working and the non-working population.
269. A certain proportion of the latter group, however, have also experienced a rise in the standard of living, especially the old-age pensioners. The report concludes that the economic and social effects of problems in the labour market are the most important factors affecting the standard of living.
270. Another conclusion is that the distribution of personal income was approximately the same at the end of the 1980s as at the beginning, in spite of the considerable changes and adjustments that occurred in Norwegian economy during this period. The source of the income, however, had undergone changes; earned income represented a smaller proportion of the total while income from benefits had become relatively more significant. Thus the stability in the distribution of personal income was due to the increasing differences in income derived from the labour market being compensated by transfers.
271. Transfers are the most important source of income for households within the lowest income bracket. It is difficult to draw any conclusions about the effect of the tax system on the redistribution of income. Breakdowns for 1986-1991 indicate that the redistributional effect of the tax system changed little during this period, but so far, there is not a sufficient basis for evaluating the effect of the reforms of the tax system during this period on the distribution of income.
272. Developments in the labour market thus emerge as the most central factor affecting living conditions and distribution of income. Young people have fallen behind both in terms of employment and in terms of income development.
Paragraph 1 (a) of the guidelines (information on the current standard of living)
273. The standard of living of the Norwegian population may be described by various indicators. A distinction is made between available individual resources and available community resources. Important individual resources include income, property, knowledge, health and social relations. Community resources include everything from the state of the environment to the existence of public welfare systems.
274. Most information on the standard of living in Norway will be presented according to the following categories: macroeconomic development, education, work, household economy and material standard, health and welfare, and social and cultural participation. E/1994/104/Add.3 page 39
275. In addition, changes in population and the composition of families and households are important for people’s standard of living. During the past decade the number of children and young people between the ages of 7 and 19 years dropped by more than 100,000. In the same period there was a slow increase in the number of children of pre-school age and a larger increase in the number of elderly people. The number of elderly people increased by approximately 90,000 persons in all, and 40,000 of these were above 80 years of age. The working-age population increased by 170,000 in the same period. There has been an increase in welfare services for the elderly.
276. Urbanization has proceeded slowly during this period.
277. Family structures are changing. The number of divorces and separations is rising, indicating greater pressure on marriage as an institution but less on the family institution as such. There was a steep increase in the number of cohabiting couples. Nevertheless, four out of five children live together with their biological parents. These changes have also affected the structure of the households. The number of one-person households has increased. The increase was most marked among people below 45 years of age. This change is important for people’s standard of living because more people become dependent on others outside the household. There has also been an increase in the number of single parents. The number of foreign nationals resident in Norway increased from 65,000 to 150,000 in the early 1990s.
Macroeconomic development
278. The GNP, Norway’s available income and private and public spending all increased during the 1980s, but less than in the 1970s. Public spending has grown more strongly than private spending.
Education
279. There has been a strong growth in the numbers of people taking higher education. For further information, reference is made to paragraph 441.
Work
280. Reference is made to paragraphs 25-35.
Household economy and material standard
281. Household income has increased during the 1980s. The increase in available real income after taxes was 23 per cent per capita. The table below shows income trends for men and women by source of income in 1982, 1985, 1990 and 1991. In 1990, the available household income per inhabitant was nearly NKr 8,800 (1990 prices) higher than in 1980. This increase took place mainly in 1980-1986, when income increased by 11 per cent. At the same time, the tax burden decreased from 25 to 22 per cent of total income. E/1994/104/Add.3 page 40
282. Table: Income trends for men and women by source of income, 1982, 1985, 1990 and 1991. Personal income. Index for fixed prices. 1982 = 100
1982 1985 1990 1991
Gross income: Women 100 108 128 134 Men 100 101 108 108
Wage income: Women 100 103 120 128 Men 100 101 103 103
Pension income: Women 100 114 136 138 Men 100 124 144 155
Self-employment income: Women 100 119 157 158 Men 100 81 86 84
Capital income: Women 100 141 193 196 Men 100 118 180 187
Source: Income Distribution Surveys, Statistics Norway.
283. Income trends measured in terms of mean gross personal income have been more favourable for women than for men. However, for all sources of income the situation from the outset was less favourable for women than for men.
284. During the 1980s, working hours for women and the number of women employed both increased, resulting in a greater mean increase in income for women than for men. However, the proportion of women in low-income groups has remained unchanged. There seems to be a growing gap between the incomes of different groups of women. The low-income groups consist largely of social insurance recipients who do not participate in the labour force. Income from social security and pensions varies according to differences in former labour force participation, working hours and wage levels (cf. answers given under art. 9).
285. There is relatively little difference between the wages of men and women in Norway. Official Norwegian policy has for a long time aimed to promote equality and equalize the incomes of various population groups. The relatively small differences between the wages of men and women are due not only to active efforts to promote equal status, but also to the fact that the Norwegian society is on the whole egalitarian. E/1994/104/Add.3 page 41
286. On average, women’s wage income amounts to half that of men. The term "wage" includes social security benefits such as pension and sickness allowances. More than half the difference in wages is explained by the fact that women have fewer hours of paid work than men. A comparison of men and women with full-time jobs shows that on average women’s wages are approximately 80 per cent of men’s wages.
287. The segregated labour market is a central factor in explaining wage differences. Women and men work at different occupational levels and in different branches and sectors of the economy.
288. On average, households where a woman is the main income earner have a lower income than households where a man is the main breadwinner. The main income earner is defined as the person with the highest gross earnings in the household.
289. The number of households in which a woman is the main income earner has increased during the 1980s, and now constitutes more than one third of all households. The number of single women seems to have increased particularly fast during this decade, but there has also been a general increase in the number of single parents. The proportion of single parents of households in which women are the main income earners has however remained stable at about 16 per cent.
290. Both the absolute number and the percentage of women who are the only income earner in various types of families have risen significantly during the period from 1980 to 1991. In 1980 women were the only income earner in 6.6 per cent of all families. By 1991 this percentage had increased to 9.6 per cent. The percentage of households consisting of single women rose from 36.8 per cent in 1980 to 44.8 per cent in 1991.
Health and welfare
291. Public expenditure increased by more than 30 per cent during the 1980s, i.e. more than the increase in private consumption. The Norwegian Government considers it important that health and care services should be the responsibility of the public sector, in order to ensure that the whole population has good access to such services, and that the services are of high quality. During the period there has been an increase in the resources allocated to the elderly, both for home assistance and for new institutions. There has been a greater concentration of resources on very old people. The number of man-years in the system of home-care for the elderly has increased by approximately 35 per cent in the 1980s. The number of social security benefit claimants tripled during the 1980s, mainly because the period during which benefits are granted has been extended. In 1990 the highest proportions of social benefit claimants were found among single parents (26 per cent) and young single people (13 per cent).
292. There was a decrease in the overall death rate in Norway during the 1980s. There were only small changes in the frequency of sickness but there are changes in patterns of disease. There have been an increase in the incidence of some kinds of cancer, skin diseases, muscles and skeleton diseases among women. E/1994/104/Add.3 page 42
Social and cultural participation
293. There have been changes in family structure, resulting in less stability but not less contact between family members. More adults have their parents still alive. More people are single. From 1980 to 1990 the number of single adults increased from 12 to 16 per cent. The number of single young men rose particularly steeply. People are less politically active, and only 4 per cent participate actively in political organizations. The amount of leisure time increased during the 1980s. People are spending more and more time on the mass media, sports and outdoor recreation. Middle-aged people appear to make most use of facilities such as museums, theatres, operas and popular concerts. There has also been an increase in crime, particularly in serious crime such as violence, etc.
Paragraph 1 (c) of the guidelines ("poverty line")
294. There is no official "poverty line" in Norway. However, a minimum pension scheme is part of the social security system. A minimum pension for a single person amounts to about NKr 60,000 per year. Of the total population, 890,963 persons (20.9 per cent) received a National Insurance pension as at 31 December 1992, of whom 347,958 persons (8.2 per cent) received a minimum pension. For further information on the minimum pension scheme, reference is made to paragraph 149.
295. Estimates of the number of "poor" households vary according to the measures used. A survey conducted by Statistics Norway, in which a poor household was defined as a household with an after-tax income of less than 50 per cent of the mean income for two or more years between 1986 and 1990, revealed that 13 per cent of households headed by women were living below poverty level, while the corresponding figure for households where the main income earner is a man was 5 per cent. This survey also showed that the proportion of poor people was clearly highest among single parents.
Paragraph 1 (d) of the guidelines (Physical Quality of Life Index)
296. Reference is made to paragraphs 273-295 and paragraphs 395-396.
Paragraph 2 of the guidelines (the right to adequate food)
Paragraph 2 (a) of the guidelines (extent to which the right to adequate food has been realized)
297. The food supply in Norway is sufficient and well regulated. The degree of self-sufficiency in food production was approximately 58 per cent for 1992.
298. The proportion of total consumer expenditure on food, per household, was around 15 per cent in 1992 compared with 20 per cent in 1982.
299. Consumption of energy was close to the energy allowances recommended by the National Nutrition Council.
300. For many years, the authorities have tried to persuade people to eat a balanced diet which is in accordance with the current nutritional knowledge. E/1994/104/Add.3 page 43
Presumably as a result of this, the frequency of cardiovascular diseases has been markedly reduced in recent years for people in the age group 40-59 years.
301. Norwegian food and nutrition policy is based on Report No. 32 (1975-76) to the Storting, "On Norwegian nutrition and food policy", Report No. 11 (1981-82) to the Storting "On the follow-up of Norwegian nutrition policy" (appendix 6) and Report No. 37 (1992-93) to the Storting "Challenges in health promotion and prevention strategies" (appendix 7).
302. The greatest challenge, in the view of the authorities, is to reduce the total fat content of the diet to 30 per cent of total energy, and with the emphasis on reducing the proportion of saturated fat. There has been a continuous reduction in fat consumption over the last years, and for 1992 it was 34 per cent at wholesale level.
303. Existing sources of information:
(a) Wholesale data. These data are based mainly on the Total Account for Agriculture compiled by the Norwegian Agricultural Economics Research Institute. For some foods, the wholesale data are provided by Statistics Norway and by the Directorate of Fisheries. The same data forms the Norwegian contribution to the "Food Balance Sheet" (FAO, Rome);
(b) Consumer research. This research is carried out by Statistics Norway, which investigates approximately 1,000 households per year, and is part of the Bureau’s Survey of Consumer Expenditure;
(c) Nutritional surveys. These are carried out among special groups of the population, such as farmers, the elderly, young girls, adolescents and some groups of immigrants. A survey investigating representative samples of the adult population has been started. The data will be broken down according to gender, age, socio-economic background, and geographical area. This will improve knowledge of dietary variations among different groups. The results of the survey will be used as part of a monitoring system.
304. All the available data indicate that the diet is sufficient and adequate. The composition of the diet is not as balanced as it should be for some groups, such as young girls and some groups of immigrants.
Paragraph 2 (b) of the guidelines (hunger and malnutrition)
305. According to the above information, hunger and malnutrition occur only in exceptional cases. The municipalities have special measures for following up groups at risk and for taking action when necessary.
Paragraph 2 (c) of the guidelines (changes since previous report)
306. There have been no changes that negatively affect access to adequate food in Norway.
Paragraph 2 (d) of the guidelines (measures considered necessary to guarantee access to adequate food for vulnerable and disadvantaged groups and worse-off areas)
307. No comment. E/1994/104/Add.3 page 44
Paragraph 2 (e) of the guidelines (measures taken to improve methods of production, conservation and distribution of food)
308. No comment.
Paragraph 2 (f) of the guidelines (dissemination of knowledge of the principles of nutrition)
309. Public education is one of the measures used to implement the Norwegian food and nutrition policy. Since the first white paper on this subject in 1975/76, the authorities have carried out a continuous programme of education in nutritional principles. Public awareness seems to be relatively high, but it remains to transform knowledge into sound eating habits. To this end, information about nutrition includes advice on shopping and the preparation of meals.
310. Information on nutrition has been disseminated in a number of ways:
(a) Via the media such as television, radio, newspapers, and magazines;
(b) In cooperation between the National Nutrition Council and the Norwegian Central Information Service;
(c) Through production and distribution of more detailed printed material;
(d) Through production of information material such as posters, videos, placards and hoardings aimed at different groups;
(e) In cooperation with food producers and retailers, to promote healthy nutritious foods;
(f) Economic support by the authorities of small-scale projects aimed at increasing knowledge and promoting a healthier diet.
311. Information is also being made available for immigrants in languages other than Norwegian, including information on foods available in this country.
Paragraph 2 (g) of the guidelines (agrarian reform)
312. No comment.
Paragraph 2 (h) of the guidelines (equitable distribution of world food supplies)
313. No comment.
Paragraph 3 of the guidelines (the right to adequate housing)
Paragraph 3 (a) of the guidelines (the housing situation in Norway)
314. There has been a steady overall upward trend in the volume of housing in Norway. According to data from the Population Census of 1990, this was also the case in the 1980s. In 1980 there were 1.52 million dwellings in Norway, E/1994/104/Add.3 page 45 and by the end of 1990 the number had increased to 1.75 million, i.e. an increase of 15 per cent. While the number of dwellings per 1,000 inhabitants was 372 in 1980, it increased to 412 per 1,000 inhabitants in 1990. The average number of people per dwelling has thus decreased from 2.7 to 2.4. Table 11.3.1, which is attached as appendix 8, shows how the supply of individually owned dwellings has increased from 1970 to 1990, especially for single people in all age groups over 20 years.
315. At the same time, the average size of dwellings increased from 1980 to 1990. While 71.4 per cent of dwellings in Norway measured less than 100 square metres in 1980, this figure had dropped to 54.5 per cent in 1990. Reference is made to Table 11.3.2 (appendix 8).
316. The number of dwellings consisting of one or two rooms decreased from one half in 1950 to one fifth in 1990. The number of dwellings consisting of four rooms increased only until 1980, while the number of dwellings consisting of five rooms or more has shown a steady increase also after that year. In 1990, 59 per cent of dwellings in Norway consisted of four or more rooms. Reference is made to Table 11.3.3 (appendix 8).
317. The general housing standard has also improved since 1980. The percentage of the population living in substandard housing, e.g. dwellings without a bathroom or toilet, has decreased considerably. Likewise the number of people living in cramped conditions decreased considerably in the 1980s. (Reference is made to paras. 320-323.)
318. The Survey of Housing Conditions of 1988, the Surveys of Living Conditions of 1983, 1987 and 1991 and the Population Census of 1990 show that a large majority of the population lives in detached houses or in individually owned dwellings. This number increased in the 1980s even though more people were living in larger towns. According to the Survey of Living Conditions of 1991, 83 per cent of the population lived in detached houses. Eighty-two per cent lived in dwellings owned by the household or by a housing cooperative or a joint-ownership company.
Paragraph (b) of the guidelines (groups that are vulnerable and disadvantaged with regard to housing)
319. There are no statistics available on homeless individuals or families in Norway. In a Government report to the Storting, "Housing policy for the nineties", the number of homeless (hostel dwellers and vagrants) in 1988 was estimated to be between 1,600 and 3,000 individuals. This is, however, an estimate, and it is not known whether this number has increased or decreased since then.
320. Only a small percentage of the Norwegian population now lacks either a bath/shower or toilet. Most of today’s dwellings also meet modern requirements for damp-proofing and reasonable heating facilities. In 1980, 18 per cent of the population lived in dwellings which did not meet these requirements. This figure had been reduced to 10 per cent in 1991. Most of this reduction occurred prior to 1987. The number of people living in dwellings without a bath or toilet was reduced from 10 per cent to E/1994/104/Add.3 page 46 approximately 2 per cent during the 1980s. During the same period, the number of dwellings with inadequate heating was halved, but there was no reduction in the number of damp dwellings.
321. Table 11.3.4 (appendix 8) shows that the improvement in housing standards has been greatest in the groups with the lowest standards, resulting in a levelling out of the population’s housing standard as a whole. The most marked improvement has occurred among elderly and middle-aged single people. Elderly single people, single-parent families, young single people and young couples without children had the lowest housing standards in 1991. The differences, however, are relatively small. The surveys offer little factual evidence as to the degree to which those with a low housing standard have gradually managed to acquire a higher standard.
322. The table also shows that the number of people living in cramped conditions decreased considerably during the 1980s, from 16 per cent in 1980 to 8 per cent in 1991. This decrease has been somewhat less marked among families with small children, among whom the number of people living in cramped conditions has decreased from 30 per cent to 21 per cent. The substantial difference between families with small children and families with school-age children indicates that cramped living conditions were a temporary phase. As the children grew older, the families seem to acquire sufficient resources for a larger dwelling. In 1991, families with small children and young single people were those most likely to be living in cramped conditions.
323. The Population Census of 1990 shows that all Norwegian dwellings have an adequate supply of water and electricity and at least one source of heating. All Norwegian dwellings are included in the State postal service. Furthermore, Norwegian households are in general bound to use public waste disposal services.
324. There is no statistical information on the number of people living in "illegal" settlements or housing in Norway, but the numbers are low.
325. No statistical information exists with regard to the number of people evicted within the last five years or the number of people currently lacking legal protection against arbitrary or any other kind of eviction.
326. In Norway, the phrase "housing expenses above a Government-set limit of affordability", would apply to people eligible for one of the two types of State-subsidized housing allowances. Both arrangements are means tested, and granted to families with children, pensioners and handicapped people who have a combination of high living expenses and low incomes. In 1993, 71,000 households received subsidized housing allowances from the Housing Bank and 49,000 from the Ministry of Health and Social Affairs. Some households received subsidies from both the Housing Bank and the Ministry, and therefore these figures cannot be added together. No Government-set limit of affordability has been determined for other groups. Many municipalities offer subsidized housing allowances in addition to State-subsidized housing allowances. It is not known how many households receive municipal housing subsidies. E/1994/104/Add.3 page 47
327. There is no existing information on the number of people on waiting lists for acquiring accommodation or for the average waiting time in the country as a whole. In Norway, local authorities are obliged to supply housing to persons and households with special needs. In order to reduce the number of persons on waiting lists and to assist those on such lists to find temporary housing, the central Government grants loans and subsidies to local authorities, organizations and institutions which build and administer housing which is rented out to these groups. There are no State initiatives solely for reducing waiting lists or finding temporary accommodation for those in need.
328. One of the aims of Norwegian housing policy is that everyone should own his own dwelling, either alone, or in cooperation with others. Housing policies are formulated accordingly and the percentage of individually owned dwellings is therefore high and the percentage of those renting accommodation is relatively low. As previously mentioned, the number of people living illegally is unknown. Table 11.3.5 (appendix 8) shows the figures for the different types of ownership in 1980 and 1990.
329. In 1990 6 out of 10 households owned their own homes. Most of these homes are detached houses. Dwellings in housing cooperatives are regarded as individually owned dwellings with a certain degree of joint ownership. Most of these dwellings are part of a larger building, often a block of flats. Only one out of five households rents accommodation and a majority of these have ordinary tenancy contracts. A considerable number of these are rented to employees in connection with employment contracts.
Paragraph 3 (c) of the guidelines (laws affecting the realization of the right to housing)
330. There is no Norwegian law laying down the right to housing. As a rule, every adult is responsible for his or her housing, and parents have a duty to provide their children with a suitable dwelling as long as they are minors. However, people who are unable to provide for themselves have a right to help from the local authorities in acquiring adequate housing.
331. Most people in Norway own their dwellings, either directly or through some form of joint ownership (cf. para. 329). There are very few homeless people in Norway, and their position is not regulated by law. Local governments generally own a certain number of dwellings, but there are no provisions governing the use they make of this accommodation. However, there are a number of acts covering various aspects of housing. One of the aims of these acts is to secure dwelling rights for the inhabitants (cf. the following paras.).
332. The House Rents Act of 1939 regulates relations between landlords and tenants. The Act contains provisions giving the tenant the right to have a court consider the validity of a notice of termination of the rent contract (cf. section 38 of the Act). A court of law may declare the notice of termination of the rent contract invalid if it finds that adequate pertinent grounds are lacking, or if the notice of termination is unreasonable. Rent may also be reduced by a court if the court finds it disproportionate to the value of the dwelling concerned (cf. section 35 of the Act). The tenant does E/1994/104/Add.3 page 48 not have the right to sublet the dwelling without the consent of the landlord, but the tenant does have the right to include his or her own or his or her spouse’s close relatives in the household, (cf. section 24 of the Act). If the tenant dies, the surviving spouse and children living in the home, and in certain cases other members of the household, have the right to continue tenancy in place of the deceased.
333. The cities of Oslo and Trondheim have specific rules regarding a certain number of rented dwellings, about 12,000 in all. The rent for these dwellings was frozen as of 1 April 1940. Each year the State decides on the size of the rent increase. A Government-appointed committee has proposed that this system be discontinued.
334. Chapter 9 of the House Rents Act contains mandatory provisions relating to agreements concerning the right to lease dwellings and relating to loans from the tenants when the right to lease is conditional upon a loan. Such a lease may not be terminated as long as the loan agreement exists, and in no circumstances during a period of five years following the date when the contract was entered into. As long as the loan agreement exists, the tenant also has the right to sublet the dwelling for a period not exceeding two years. The loan from the tenant shall be secured by mortgage on the property.
335. The Housing Cooperatives Act of 1960 is another important housing law. Housing cooperatives are companies where the tenants own shares and the housing cooperative rents out dwellings to the shareowners. A tenant may only be given notice if he or she is guilty of a gross breach of contract.
336. Share ownership in some cooperatives of this type may be made conditional on the fulfilment of certain specific requirements, e.g. that all shareowners must be over 60 years of age if the cooperative is explicitly intended for elderly people.
337. In certain municipalities price ceilings apply for dwellings less than seven years old. Otherwise it is up to the parties concerned to reach an agreement on the price.
338. The Act of 1983 relating to owner-tenant sections is also an important housing act. A "owner-tenant section" is according to section 1 of the Act a share in a jointly-owned building with land or the right to lease land, when the share conveys a sole right to the use of a dwelling or other unit in the building. Each joint owner has full rights of legal disposal of his or her section. There are no maximum prices. If a joint owner despite a warning substantially fails to fulfil his or her obligations, the committee of the jointly owned property can order him or her to sell the section. If the behaviour of a joint owner entails a danger of damage to or significant depreciation of the property, or is a serious nuisance or inconvenience to the other users of the property, the committee can demand his or her eviction before the section is sold.
339. Regardless of the conditions of ownership, a court may always upon request consider whether any sale or rental conditions are unreasonable, as well as whether a price is unreasonably high. E/1994/104/Add.3 page 49
340. The Planning and Building Act of 1985 is intended to provide a basis for decisions concerning the use and conservation of land and other resources and development projects, and to ensure that land and buildings are used for greatest possible benefit to the individual and the community.
341. Central Government is empowered to define general objectives, lay down a framework and issue guidelines for the physical, economic and social development of counties and municipalities, which forms the basis for planning pursuant to the Act.
342. Each regional government has an obligation to ensure that planning within its area of jurisdiction is kept up to date and it must coordinate physical, economic, social and cultural activities within the region. In this connection each regional government has to draw up a regional development plan.
343. Local governments are likewise required to carry out continuous municipal planning with a view to coordinating physical, economic, social and cultural development within their areas. A municipal master plan and to a certain extent a zoning plan has to be drawn up by each local government. Land use plans for parts of the municipality and programmes of action for specific areas of activity may be drawn up.
344. When an area is scheduled for zoning, a notification of this shall be published and the matter shall be submitted to the regional authorities and the appropriate national authorities, with a reasonable time limit for comments. As far as possible, landowners and those with rights in the area (including tenants) should also be notified by letter and should be given a reasonable time limit to express their opinions prior to any consideration of the proposed plan by the municipal committee responsible for these matters. In the case of areas with existing buildings, the local authorities must make it possible for persons living or engaged in commercial activity in the area to participate actively in the planning. The proposed plans are then submitted to the committee, which decides whether they are to be made available for public inspection. In addition to a possible public announcement, landowners and possessors of rights in the area are as far as possible notified in writing. When the time limit for submitting comments has expired, the committee again discusses the proposal and the comments received. As soon as the plan has been adopted, it is made public, together with the time limits for presenting claims for compensation for losses caused by the plan. As far as possible, landowners and possessors of rights in the area are notified separately by letter, with information about their rights to appeal pursuant to section 27-3. According to this section, the local council’s final decision concerning a zoning plan may be appealed to the Ministry of the Environment.
345. According to article 105 of the Norwegian Constitution, a person shall receive full compensation from the State if the welfare of the State requires that he or she must surrender property for public use.
346. Expropriation is regulated by law. Chapter VIII of the Planning and Building Act contains provisions concerning expropriation. The local authorities may carry out expropriation in order to implement a municipal E/1994/104/Add.3 page 50 zoning plan. With the consent of the Ministry of Local Government and Labour, the Municipal Council may also carry out expropriation in order to secure land for building, for developing areas destroyed by fire or otherwise or in order to carry out a programme for the improvement of specific buildings. Expropriation may also be carried out for other reasons including the construction of water supplies and sewage systems and for building plots.
347. According to section 2 of the Act relating to the expropriation of real estate of 1959, central Government may consent to expropriation being carried out in connection with the building of churches, schools, prisons or for similar purposes on condition that the person or persons negatively affected are compensated.
348. The Act relating to compensation for the expropriation of real estate of 1984 contains provisions concerning assessment of the compensation.
349. There is no Norwegian legislation regulating who may develop areas of land. Local governments often buy plots of land in order to build housing which is then sold. Housing cooperatives are companies formed by prospective buyers which acquire plots of land, draw up plans for building and financing and carry out the construction of the housing. In such cases the dwellings are sold at cost price.
350. Building legislation does not regulate the right to housing, but lays down general requirements for buildings and requirements based upon the building’s prospective use. The provisions of the Planning and Building Act are supplemented by the building regulations. Among the specifications in the building regulations are minimum requirements regarding fire prevention and many of the technical aspects of construction. The Planning and Building Act stipulates that a dwelling must have a sufficient supply of approved drinking water and be connected to a sewerage system and road communications. The construction of the dwelling must meet minimum requirements for adequate insulation, light, heating, ventilation and fire prevention. The dwelling must have its own toilet and storage space.
351. The principle of equality applies to housing cooperatives and owner-tenant sections. This means that the majority of owners may not make decisions which result in preferential treatment. Deviations from this principle may only be accepted if they involve a decision which appears to be impartial and results in a reasonable solution which benefits the community in general. Decisions which are not in accord with this principle are invalid, and may be overruled by a court of law.
352. There are no laws which detract from the fulfilment of the right to housing.
353. As a general rule, one person may not own more than one share in a housing cooperative. Under the owner-tenant system, as a general rule, no one may own more than two dwellings. Exceptions to these rules may be made if dwellings are owned by public institutions who rent dwellings out to people in need of housing or by employers who rent to their employees. E/1994/104/Add.3 page 51
354. According to an act of 1977, local governments have pre-emption rights over a property consisting of rented dwellings which is to be sold. This right may be enforced either on behalf of the local government itself or on behalf of the occupants if they wish to assume ownership of the dwellings. If such a property is converted to owner-tenant sections, the person renting the dwelling has a right to buy the dwelling. The provisions aim at providing as many people as possible with the opportunity to own their own dwellings, as well as to discourage speculation.
355. There are very few people participating in an "illegal" housing sector. There are no legislative measures conferring legal title on those involved.
Paragraph 3 (d) of the guidelines (other measures taken to fulfil the right to housing)
356. There is no "informal sector" of any size in Norway. Housing cooperatives are among the most important local community-based organizations, and they have been a dominant feature in Norwegian housing development since the Second World War. There is usually one house-building cooperative in each town. The total number of house-building cooperatives in Norway is 100, but not all of them are actively engaged in new housing projects. Most house-building cooperatives work closely with local authorities, and are organized under the National Union of House-Building Cooperatives. Independent cooperative housing societies exist, but represent only a small part of the total number of housing cooperatives.
357. House-building cooperatives operate freely and receive no support from the State. However, the Norwegian housing market has recently experienced a difficult period of falling house prices and other problems, and as a result many house-building cooperatives have also been placed in a difficult position. The shareowners are facing the possibility of having to bear economic losses. In order to try to improve the situation and reverse the trend, the State subsidized house-building cooperatives with a total of NKr 100 million in 1992 and 1993.
358. With regard to housing, the division of responsibility is as follows:
(a) Central Government:
(i) Formulates objectives and lays down general guidelines for housing policy;
(ii) Lays down legislation and regulations;
(iii) Provides grants and loans on favourable terms;
(iv) Promotes research and the dissemination of information;
(b) Local governments:
(i) Supply sufficient land for construction of housing; E/1994/104/Add.3 page 52
(ii) Facilitate and promote the building of dwellings through proper planning and programming;
(iii) Provide housing for low-income groups;
(c) Private sector, including the house-building cooperatives:
(i) Plans and builds dwellings;
(ii) Manages, maintains and renovates most dwellings.
359. Within the framework of this division of responsibility the Government’s task is to create a framework for adequate production of housing, proper development of land, and adequate housing for all. The primary objective of Norwegian housing policy is to ensure that all citizens have the opportunity to live in a proper dwelling, live in an appropriate environment, keep their housing expenses within reasonable limits, and have a choice regarding ownership and location.
360. The Norwegian State Housing Bank is the main financial instrument in the implementation of this housing policy. The Bank is owned and run by the State and is entirely funded by money allocated by the Storting and the Bank’s income goes directly back to the State. The Bank’s policies and activities are determined by the Storting and the Government.
361. The Housing Bank was founded in 1946 as part of the Norwegian post-war rebuilding programme, and it has always financed the building of private housing.
362. The Bank has the following tasks:
(a) To help finance new dwellings of all kinds, including detached and semi-detached houses and apartment blocks;
(b) To finance urban renewal and renovation;
(c) To finance buildings for the social sector, such as nursery schools, child-care centres, community centres, etc.;
(d) To provide loans or grants for housing for groups with special needs, such as the physically, mentally or socially disabled. Often this means financing dwellings connected with therapeutic institutions such as hospitals and sanatoria;
(e) To help low-income groups with high housing expenses. The Bank grants housing allowances to such households.
363. The Housing Bank offers two types of loans for house-building, subsidized and non-subsidized. Both types of loan have to be repaid within a maximum period of 30 years. The first eight years only interest is paid, at a rate of 5.5 per cent the first year, 6 per cent the next year, and 7.5 per cent the fifth and following years, for subsidized loans, and 7.5 per cent for non-subsidized loans. E/1994/104/Add.3 page 53
364. The size of the loan granted by the Bank corresponds to approximately 60-70 per cent of the total building costs, and under certain circumstances as much as 90 per cent. During the last five years it has financed more than 85 per cent of all new dwellings in Norway. About 50 per cent of the total housing volume in Norway is financed by the Housing Bank.
365. The majority of the Bank’s loans are for single-family detached houses, although larger buildings such as apartment blocks are given priority in the larger cities, due to the limited space and the high cost of land. The Bank does not finance the cost of land above a certain level; this is an attempt to prevent speculation and maintain prices at a level affordable for the average wage-earner. For the same reason, the size of a one-family dwelling must not exceed 120 square metres.
366. The Bank offers several types of loans for renovation. Applicants have to meet comprehensive requirements both as regards the applicants themselves and the building concerned. These include the age of the building, the composition of the household, etc. Although loans for urban renewal are subsidized, renovation is expensive, and in order to allow the occupants of dwellings in urban renewal areas to buy their dwellings at affordable prices, the Housing Bank provides direct economic subsidies.
367. The Housing Bank provides loans for the building, improvement and purchase of dwellings which are to be rented out at reasonable prices to groups with special needs. This type of dwelling is fully financed by the Housing Bank. Approximately 20 per cent of the total building costs are given in the form of a grant. This grant is only available to local governments and non-commercial institutions. The main loan is given as a serial loan to be repaid over 30 years at an interest rate of 7.5 per cent.
368. The Bank also provides housing subsidies for welfare purposes. These are paid out three times a year to families in a particularly difficult economic situation and are intended to cover expenses directly connected with housing. The conditions governing the granting of such subsidies are strict. In practice the majority of the recipients are pensioners living on a minimum pension (cf. para. 294), low-income families with a member who is physically or mentally handicapped or single-parent families.
369. Most land in Norway is privately owned. Although there are no legal provisions to this effect, the local authorities are responsible for ensuring that sufficient land is available for the construction of commercial and residential buildings. The local authorities are also the principal agencies of land-use planning, and supply water, sewage, roads and electricity.
370. Local authorities’ policy and involvement in the land market varies considerably from one municipality to another. Some local governments purchase land, develop it and sell it to house-builders, while others lease land for building purposes. In some cases a company is formed by a local government and the local building cooperative.
371. The State’s role is to provide appropriate legislation with regard to areas such as planning and expropriation, and to provide, within certain E/1994/104/Add.3 page 54 limitations, loan capital to the local governments for the purchase and development of land. State loans to local governments are provided by the Norwegian Municipal Bank.
372. Although the local authorities are responsible for making land available for building purposes, more than 50 per cent of dwellings are built on land which has not been publicly owned.
373. Table 11.3.6 (appendix 8) outlines the financial measures taken by the State over the past six years.
374. Tables 11.3.6-8 (appendix 8) show that State subsidies and grants for housing purposes have increased during recent years. This is due to factors such as an increase in the Housing Bank’s subsidies and grants to individuals, primarily subsidies, grants and loan schemes for physically handicapped people, immigrants and young people. The loan scheme for the building of reasonably priced rental dwellings (table 11.3.8) was changed to a subsidy scheme as of 1994, as shown in table 11.3.7.
375. Table 11.3.9 (appendix 8) shows State financial support for housing as a percentage of the gross national product (GNP), including loans and subsidies. As the table shows, this percentage has remained constant for the past few years.
376. Norway does not receive international assistance for housing and human settlements.
377. Norway has an active regional policy for stimulating the development of small and intermediate urban areas. The goal of this policy is to contribute to the development of viable centres in outlying districts with a balanced population composition and equal access to employment and other benefits.
378. Measures to promote trade and industry in outlying districts are implemented, which take into account regional differences and disadvantages. These are intended to create more equal conditions of competition between centre and periphery.
379. In 1992 approximately 2,000 businesses were given loans and investment subsidies, resulting in an estimated increase of some 4,200 new jobs. For the period 1985-1990 it is estimated that these measures resulted in approximately 103,000 jobs. The effect of this is that a better regional balance regarding employment and population development is achieved.
380. When a local government expropriates an area for redevelopment, urban renewal etc., it has an obligation to provide provisional accommodation for those who are left homeless as a result of the expropriation.
Paragraph 3 (e) of the guidelines (changes in national policies, laws and practices negatively affecting the right to housing)
381. During the 1980s the structure of the Norwegian housing market changed considerably, although the main characteristics had remained unchanged since the Second World War. Prices for housing cooperative dwellings were regulated E/1994/104/Add.3 page 55 until 1982, and the dwellings were distributed according to position on a waiting list. In 1982 these price regulations were largely revoked, beginning with an increase in price ceilings. Price regulations have subsequently been totally revoked. This liberalization of the housing market led to price increases in the cooperative housing market.
382. In 1984 the credit market was deregulated, resulting in substantial price increases across the whole housing market. This was further enhanced by favourable income tax legislation and inflation, which led to negative real interest after tax. Expectations of high income growth and of a continuing high inflation rate led to a high demand for housing and spiralling prices, which encouraged taking up of large loans.
383. From the end of the 1980s an increasing real interest and a reorganization of the income tax system made it less advantageous to take up loans. The demand for housing dropped, and the situation was further aggravated after 1989 by the increase in unemployment.
384. The change in the structure of the housing market also had a major influence on house-building. In 1980 construction of 35,000 new dwellings was started, two thirds of which were granted Housing Bank loans. From the end of the 1980s the falling prices in the used housing market led to an almost complete stop in the private financing of house-building. The construction of new dwellings decreased from under 30,000 in 1988 to approximately 15,000 in 1992. Most of the dwellings under construction in 1992 were State financed. The prognosis for 1993 and subsequent years indicates that house-building will increase slightly.
385. In the course of the 1980s there was a considerable increase in actual housing expenses, despite the fact that only a small percentage of households owned dwellings which had been acquired after the mid-1980s. Between 1983 and 1988 these expenses increased by nearly 80 per cent measured in actual prices, but have since then remained at about the same level. This increase in housing expenses was caused mainly by an increase in interest rates. Housing expenses as a percentage of total consumer expenditure has not increased quite so dramatically. At the beginning of the 1980s housing expenses comprised approximately 18 per cent of total expenditure. This increased to 26 per cent in 1988 and stabilized at this level. Single elderly people, families with small children and young people buying their first homes have the highest housing expenses.
386. Previously, sanitary and health requirements were the uppermost concerns in housing, but today financial issues take precedence. Measures are being taken to relieve the situation. Among these are financial support to housing cooperatives, as well as support for individuals and housing cooperatives in the form of help with debt negotiations and the negotiating of loans on more reasonable terms to replace the housing loans taken up when interest rates were considerably higher than today. Furthermore, the loan and subsidy schemes of the Housing Bank for groups with special needs have been improved.
387. There is therefore reason to believe that the substantial changes in the Norwegian housing market have not had a negative effect on the right to an adequate dwelling. The Survey of Living Conditions of 1991 shows that housing E/1994/104/Add.3 page 56 conditions improved for most groups during the 1980s, and that the improvement was most noticeable in the groups which had previously had the worst living conditions (see paras. 320-323).
Paragraph 4 of the guidelines (difficulties and shortcomings encountered in the fulfilment of the rights enshrined in article 11)
388. The food supply is satisfactory.
389. Difficulties and shortcomings encountered in the fulfilment of the right to adequate standards of living and housing and initiatives for solving these problems have been previously described.
Paragraph 5 of the guidelines (international assistance)
390. Norway does not receive development aid.
Article 12. Highest attainable standard of health
391. Reference is made to Norway’s first report (E/1980/6/Add.5), pages 32-38 and second report (E/1986/4/Add.21), paragraphs 69-77, concerning this article.
Paragraph 1 of the guidelines (physical and mental health of the population)
392. Reference is made to Norway’s 1993 report to the WHO, "Evaluation of Strategy for Health for All, 1993. Norway. (Targets and Tables)" (appendix 9). Targets 1-4 and tables 1.01 A, 1.01 B, 1.02 (a) and (b), 4.02 A, B and C, 4.06 and 4.09 A describe the current health situation of the Norwegian population. There have been few changes in the last few years.
393. The latest population-based health survey was carried out in 1985. A new survey is being planned for 1995. Efforts are also being made to conduct surveys at more frequent intervals, i.e. every third year, to coincide with the submission of reports to the WHO.
Paragraph 2 of the guidelines (national health policy)
394. The Norwegian Government’s health policy is described in the enclosed abridged version of Report No. 41 (1987-1988) to the Storting, "Health-policy towards the year 2000. (A Survey Norway, 1990)" (appendix 10).
395. As may be seen from the report, Norway has adhered to WHO’s aim "Health for all by the year 2000", and participates in the international follow-up of this aim. This includes a commitment to the WHO primary health care approach. In chapter 3 of the report, "Main aims of health policy", the Government’s commitment to WHO’s principles is described more fully (cf. pp. 16-17 therein). Measures that have been taken to implement primary health care are described in chapter 14, "The Municipal Health Services".
396. Report No. 36 (1989-1990) to the Storting, which has not been translated into English, presents the most important issues relating to local health E/1994/104/Add.3 page 57 services, and provides a comprehensive evaluation of the effects of those services. The report concludes that the health services should continue to be governed and financed on a local and regional level.
Paragraph 3 of the guidelines (health expenditure)
397. The following table gives statistics on health expenditure for the years 1980, 1985, 1991 and 1992:
1980 1985 1991 1992
Per cent of GNP spent on 6.6 6.4 8.0 Not health (public and private available spending) Primary health care as Not 25.4 23.4 Not percentage of public health available (1988) available consumption Per cent of national budget 14.0 10.3 Not 10.7 spent on health* available
* Not including oil and petroleum funds or loan transactions.
398. The figures for public health expenditure have not been adjusted to reflect changes in the distribution of functions between central, regional and local government. Thus, the decrease shown in the second and third columns is probably misleading.
Paragraph 4 of the guidelines (indicators as defined by the WHO)
399. For indicators as defined by the WHO, please refer to Norway’s report "Evaluation of Strategy for Health for All, 1993 (Targets and Tables)" (appendix 9), as follows:
(a) Infant mortality rate: table 1.01 A;
(b) Access to safe water: Target 20;
(c) Access to adequate excreta disposal facilities: tables 24.03 A and B;
(d) Infants immunized against diphtheria, etc.: table 1.04;
(e) Life expectancy: table 2.1.3, Target 6;
(f) Access to trained personnel: tables 27.02 B, C and E;
(g) Pregnant women’s access to trained personnel: Target 8;
(h) Infants’ access to trained personnel: table 1.04. E/1994/104/Add.3 page 58
Paragraph 5 of the guidelines (disadvantaged groups)
400. The data recorded concerning Norway’s population is very limited. This is a result, inter alia, of the choices that have hitherto been made in weighing the importance of protecting individuals against the possible misuse of data against the need for specific, accurate registration of data for technical-analytical purposes. Until now, priority has mainly been given to the former consideration. However, these are questions that are now being discussed with renewed vigour. Efforts are being made to improve the data available for national authorities.
401. A separate report on women’s health is currently being prepared for WHO Europe, and will be completed in 1995. In this case too, however, the data available is very limited.
Paragraph 5 (a)-(d) of the guidelines (measures to improve the health situation of such groups)
402. Disparities in terms of socio-economic status and health in Norway have been and are moderate. However, experience shows that the health situation of inner-city inhabitants and immigrants from non-industrialized countries is worse than that of the rest of the population, and that there is a growing gap between those who are best and those who are worst off. While this situation requires further documentation, the authorities have initiated studies on living conditions and the housing situation in large cities. A report on this issue will be submitted to the Storting, probably in September or October 1994.
Paragraph 5 (e) of the guidelines (measures to reduce the stillbirth rate, etc.)
403. For a description of measures aimed at reducing the stillbirth rate and infant mortality, please refer to Norway’s report "Evaluation of Strategy for Health for All, 1993", Target 7. As for measures to ensure the healthy development of children, reference is made to CRC/C/8/Add.7, paragraphs 298-330.
Paragraph 5 (f) of the guidelines (environmental and industrial hygiene)
404. According to Norwegian law, the local health authorities have broad competence in questions concerning environmental health, and are asked to cooperate with and advise other public and private sector units in order to improve all aspects of environmental hygiene. If improvements are to be achieved, a considerable effort will also be required from parties other than the local health authorities. However, the Government encourages these authorities to maintain a general overview of the field of environmental health, to ensure a coherent approach in addressing the various aspects.
405. According to section 30 of the Working Environment Act (1977), employers are obliged to establish medical services at the workplace "when special E/1994/104/Add.3 page 59 supervision of the working environment or of the health of employees is necessary". Health personnel shall assist the employer and employees in their efforts to create healthy and safe working conditions. Reference is also made to paragraph 90 under article 7, concerning minimum conditions of occupational health and safety.
Paragraph 5 (g) of the guidelines (measures to prevent, treat and control epidemic, endemic, etc. diseases)
406. In Report No. 41 (1987-1988) to the Storting, "Health policy towards the year 2000" (appendix 10), preventive health care is stressed as one of the main areas for concern. As a basis for a more comprehensive and active preventive policy, a strategic document was prepared, NOU (Official Norwegian Report) 1991:10, "Adding life to years. Preventive strategies". Reference is made to the enclosed excerpt from that report (appendix 11).
407. In Report No. 37 (1992-1993) to the Storting, "On remaining challenges within health promotion and preventive care", psychosocial problems, repetitive strain injuries and accidents have been singled out by the authorities for special attention in the years to come, being particularly costly and widespread health problems which have not yet been given sufficient priority. The authorities emphasize, however, that cardiovascular diseases, cancer, infectious diseases, asthma and allergies continue to be major challenges for preventive health care.
408. A new general Act regarding communicable diseases was passed in May 1994, replacing eight specialized Acts, and based on the following main principles:
(a) Measures may only be applied which have a sound professional basis and which can be applied without causing unreasonable damage or inconvenience to those concerned;
(b) The implementation of necessary measures is to be based as far as possible on the voluntary participation of those concerned.
409. The Act provides for a limited use of coercive measures, but only after voluntary participation or other alternative measures have been tried and have failed, and only in extreme cases.
410. Besides providing the authorities with the necessary powers, the new Act also lays down certain individual rights, including the right to protection against being infected, the right to help when already infected, the right to information, and the right to free services (in the case of the most serious diseases). The Act also provides for greater possibilities for lodging formal complaints, thereby enhancing the legal rights of individuals.
411. A bill amending the Tobacco Act of 9 March 1973 has been presented to the Storting. If accepted, the Act will include provisions as follows:
(a) The aim of the Act is to reduce the health problems caused by the use of tobacco; E/1994/104/Add.3 page 60
(b) Both direct and indirect advertisement of tobacco products is prohibited;
(c) All tobacco products must be marked with a symbol pointing out the health hazards linked to the use of tobacco;
(d) The sale of tobacco products to persons under the age of 18 years and the sale of tobacco products from slot-machines are prohibited;
(e) On premises and means of transportation to which the public has admission, in meeting rooms, work places and institutions (with certain exceptions) where two or more persons are gathered, the air shall be free from smoke. There is an exemption for restaurants from the overall smoking prohibition. However, one third of the tables in restaurants must be placed in an area where the air is free from smoke. This area must be as comfortable and attractive as the smoking area.
Paragraph 5 (h) of the guidelines (measures to assure to all medical service and attention)
412. Efforts are being made to create a greater awareness among the population of its right to health services of high quality. Efforts are also being made to convey to the health sector minimum standards and other standards for different kinds of medical and dental treatment. A systematic analysis of complaints from the patients is very useful when preparing such standards. A project has recently been initiated for this purpose. In this connection, it is worth noting that the same institution (before 1994: The Directorate of Health, as from 1994: The Norwegian Board of Health) both supervises the health sector and deals with many cases of complaints from patients.
413. The Norwegian health authorities stress the importance of internal control. Guidelines have been issued in order to provide the health sector with advice on this subject. As from 1994 all hospitals and other health institutions are obliged to establish a committee for internal quality assurance.
414. As from 1994 steps will also be taken to establish closer ties between the supervisory authorities and the educational system, so as to try to create a basis for even further improvements in health services.
415. Reference is also made to the answer given under article 9, paragraphs 128-130, concerning medical care.
Paragraph 5 (i) of the guidelines (effect of measures for disadvantaged groups)
416. As the health status in general is good, we assume that the measures taken have had the desired effects.
417. For further details, see Targets 9-12, 14 and 18 in "Evaluation of Strategy for Health for All, 1993, Norway" (appendix 9). E/1994/104/Add.3 page 61
Paragraph 6 of the guidelines (health care for the elderly)
418. Since the Second World War, Norway has experienced an increase in expenditures on health care for the elderly. The costs are still rising and are expected to rise in the future. There will be a growing number of elderly and the demand for health services will also increase. Central government transfers ensure that health service standards are maintained. Thanks to State funds combined with the State’s revenues from the oil industry, Norway has not experienced a debate on cuts in public spending on health services for the elderly, or infringements of their right to health.
Paragraph 7 of the guidelines (measures to maximize community participation)
419. An important principle characterizing the Norwegian health service is regionalization and decentralization of responsibility. In practice this means that the responsibility for the financial management, planning and operation of health services lies with the local and regional councils. The trend is towards an ever-increasing decentralization of responsibility, with the central authorities to a large extent providing the main framework and issuing advice and guidelines.
420. Community participation in the planning, organization, operation and control of primary health care is guaranteed by Act No. 66 of 19 November 1982 relating to Municipal Health Services.
Paragraph 8 of the guidelines (education concerning prevailing health problems)
421. Reference is made to the abridged version of Report No. 41 (1987-88) to the Storting, "Health policy towards the year 2000" (appendix 10).
422. In a report to the Storting on remaining challenges within the promotion of health and preventive care, Report No. 37 (1992-93), the Ministry of Health and Social Affairs discusses various mechanisms and incentives for the promotion of healthy lifestyles. The Report has yet to be debated in the Storting.
Paragraph 9 of the guidelines (international assistance)
423. Norway does not receive development aid.
Article 13. The right to education
424. Reference is made to Norway’s first report (E/1982/3/Add.12, paras. 1-26), second report (E/1990/7/Add.7, paras. 1-7), and amendments to Norway’s second report (pp. 1-13) submitted to the Committee on 25 November 1992. Reference is also made to Norway’s initial report submitted under article 44 of the Convention on the Rights of the Child (CRC/C/8/Add.7, paras. 363-399).
425. More detailed information on the Norwegian educational system and policy can be found in the enclosed publication "The development of education, E/1994/104/Add.3 page 62
1990-1992, Norway" (Oslo, 1992), Norwegian national report to the International Conference on Education (appendix 12).
Paragraph 1 (a) of the guidelines (primary education for all)
426. Since 1969 there are nine years of compulsory education, starting at the age of seven. Compulsory education thus covers primary and lower secondary education and is free of charge. In May 1994 the Storting decided to introduce compulsory education from the age of six, and to extend the total length of compulsory education to 10 years. Act No. 24 of 13 June 1969 relating to primary and lower secondary education lays down that compulsory education is a right and a duty, and that the local authorities are responsible for organizing schooling at this level.
Paragraph 1 (b) of the guidelines ((Upper) secondary education)
427. Upper secondary education (for the age group 16-19) includes vocational education and is generally available and accessible to all. A reform is being implemented in 1994 giving all young persons between the ages of 16 and 19 a legal right (but no obligation) to three years of upper secondary education. The regional authorities have a duty to provide places for all pupils who wish to take upper secondary education after completing compulsory education (cf. also p. 3 of the 1992 Norwegian additional report concerning arts. 13-15). Upper secondary education is also provided free of charge.
Paragraph 1 (c) of the guidelines (higher education)
428. Structural reforms in the 1960s led to a considerable expansion of higher education. The basic principle is equal access for everyone to post-secondary education irrespective of economic status, social background or place of residence. The structure of higher education is therefore highly decentralized, and there are institutions at this level in all regions. During the last decades considerable efforts have been made to make higher education available to everyone. Recently a growing interest in higher education together with an increase in unemployment has resulted in an explosion in the number of students at this level. The number has increased by more than 60 per cent over the past five to six years, from around 100,000 in 1988 to more than 160,000 in 1994.
429. Practically all higher education in Norway is publicly financed. In such cases the education itself is free of charge, and the students only pay a small fee (in 1994 Nkr 365 per semester), which goes towards the activities carried out by the student welfare organizations. Students receive financial support for maintenance in the form of scholarships and loans from the State Educational Loan Fund (cf. para. 453).
Paragraph 1 (d) of the guidelines (fundamental education)
430. The local authorities are responsible for providing fundamental education for people who have not received or completed education corresponding to compulsory education. Such education is financed by public funds supplied by central and local authorities and is free of charge for the students. E/1994/104/Add.3 page 63
In 1992, in order to ensure minimum standards, the Ministry of Education, Research and Church Affairs issued a curriculum for fundamental education for adults in general and a second curriculum for adult immigrants.
Paragraph 2 of the guidelines (difficulties, goals and benchmarks)
431. Norwegian educational policy in recent years has been mainly concerned with the following areas:
(a) The emphasis on equal access to education for the whole population wherever they may live has led to the development of a large number of educational institutions all over the country, some of them very small. The system has had positive effects on regional development, particularly the increase in the number of regional colleges during the 1960s and 1970s. On the other hand, the cost of maintaining such a system is high and the question of quantity versus quality has been raised. A certain reorganization of the system, especially in higher education, has therefore been found necessary, and approximately 100 regional colleges are in the process of being merged into 26 units in different parts of the country;
(b) The development of upper secondary education, including closer integration of academic and vocational education and training, in order to ensure equality of opportunity and also a more broad-based education for all. This policy requires close cooperation between the educational authorities and the various sectors of the working community;
(c) The integration of pupils with special needs. This has been going on for a long time, especially since the introduction of the Curriculum Guidelines of 1974, and is a difficult task, involving organizational difficulties, questions of differentiation and high costs;
(d) The integration of adult education into the school system, in order to ensure adequate life-long learning in all parts of the country;
(e) Teaching of immigrants. Great attention has been given to the various aspects of the teaching of immigrants and their children. A major problem is to identify illiteracy and to organize language training adapted to the different needs of the various groups of immigrants.
432. The major goals of the Government’s educational policy are:
(a) Implementing the reform of upper secondary education (from 1994), establishing the right of all 16- to 19-year-olds to three years of consecutive upper secondary education or training in order to give them a vocational qualification or qualification for higher education. Ensuring a more broad-based education for all necessitates a revision of the content of the teaching and a restructuring of the former areas of study. The reform also includes follow-up services for pupils with special needs and others who have difficulties in staying within the school system, and these aspects are being given particular attention;
(b) Lowering the school starting age to six years as from 1997/98, and following up the Government’s proposal of 10 years of compulsory schooling; E/1994/104/Add.3 page 64
(c) Consolidating the main structure of higher education, i.e. reorganization of the system of regional colleges to ensure better quality and collaboration;
(d) Revision of the educational programmes offered to adult immigrants corresponding to their specific needs and facilitating their integration into the Norwegian society, including the appropriate teacher training. A national committee is submitting a report on this revision by the end of 1994.
Paragraph 3 of the guidelines (statistics on literacy, etc.)
433. Reference is made to pp. 48-50 of the enclosed report "The development of education, 1990-1992" (appendix 12). As mentioned there, illiteracy has been registered mainly among the immigrant population. Of a total number of 8,269 immigrants (4,815 women and 3,454 men) who signed up for courses for immigrants in the spring term of 1993, 14.5 per cent were registered as illiterate. The following table shows the figures for illiteracy.
Real illiterates Functional illiterates 1993 1994 1993 1994
Women 375 491 471 588 Men 117 268 232 298
Total 492 759 803 886
(Source: Ministry of Education)
434. Statistics concerning adults in fundamental education (corresponding to compulsory education) are based on the numbers who pass examinations, the main reason being that adults may present themselves for examinations without having attended courses for adults beforehand. The figures available for 1992/93 show that 4,948 passed examinations, of whom 2,370 (48 per cent) were men and 2,578 (52 per cent) women. In 1993/94 a total of 13,184 passed examinations (44 per cent men, 56 per cent women).
435. In the Norwegian educational system no distinction is made between religious groups, and there in consequently no statistical information available on this point.
436. According to section 7.1 of the Act relating to lower and secondary education, "[e]very pupil is entitled to education suited to his abilities and aptitudes". Pupils with special needs are as far as possible taken care of within the framework of the ordinary school system. Those who have difficulty in being integrated into the ordinary schools are offered alternative education under the supervision of the school authorities. All pupils are thus guided through nine years of compulsory education, and the question of drop-out rates becomes irrelevant.
437. All teenagers leave school at the age of 15-16 with a certificate, irrespective of their results, and can apply for a place in upper secondary education (16-19). Consequently, no distinction is made between qualified and unqualified and the question of graduation rates is not applicable at this E/1994/104/Add.3 page 65 stage. The number of pupils continuing into upper secondary education is steadily increasing (95.1 per cent in 1991 according to official statistics). As mentioned above (para. 432 (a)), all pupils leaving compulsory school will have a legal right to continue to the upper secondary stage as from 1994.
438. Of the total number sitting for their final examinations in 1993, 88.4 per cent passed. Approximately 52 per cent of the pupils were men and 48 per cent women. The upper secondary school system in Norway includes vocational training and consists of a series of foundation and advanced courses. The difficulty of getting into advanced courses has meant that many pupils move from one course to another at the same level without progressing. The figures have not been considered satisfactory, and the reform (cf. paras. 431 (b) and 432 (a)) being implemented in 1994 is expected to improve this situation (cf. "The development of education, 1990-1992" (appendix 12), chap. 2.1.2).
439. Over the last 10 years the number of pupils who go on to higher education has rapidly increased (cf. table on p. 19 of "The development of education"). Also in 1992 the proportion of students passing directly from general studies at upper secondary school to higher education was 34 per cent.
440. The table below shows the number of students who completed higher education at universities and colleges from 1983/84 to 1991/92.
Year Total no. Males Females of students
1983-84 38 307 17 929 20 378 1987-88 42 877 19 260 23 617 1989-90 56 749 24 715 32 034 1991-92 67 774 29 227 38 547
(Source: Statistics Norway)
441. The authorities are currently taking measures, including the awarding of special grants, to encourage students to complete their courses in the normal time and to encourage more students to take degrees at advanced levels and doctorates. Improved systems for collecting data and compiling statistics are part of the current policy in this connection.
Paragraph 4 of the guidelines (education expenditure, systems of schools, etc.)
442. Education is given high priority by the Norwegian authorities. Expenditure on education represents a large proportion of the gross domestic product compared with other countries (cf. table for the years 1985-1990 on p. 32 in "The development of education, 1990-1992" (appendix 12)). The most recent figures available show that public expenditure on education in 1991 was 7.3 per cent of GDP.
443. The responsibility for providing and maintaining school buildings lies with the local and regional authorities with regard to compulsory and upper secondary schools respectively. No statistical information is available E/1994/104/Add.3 page 66 concerning the building of new schools. The standard of school buildings is generally considered to be high, and Norway has a good school coverage in all parts of the country. This is because it is regarded as important that schools are available in the vicinity of the pupils’ homes, so that the total number of schools is high compared with the number of pupils. Approximately 50 per cent of Norwegian schools at compulsory education level have less than 100 pupils. In some districts there are even schools with less than 10 pupils. For free transport, reference is made to paragraph 449.
444. The normal school year is 37 weeks for the pupils and 38 for teachers. It starts in mid-August and ends in the second half of June. For a further description of the school system, please refer to "The development of education, 1990-1992" (appendix 12), p. 2, sections 1.2.2. and 1.2.3.
Paragraph 5 of the guidelines (equal access to education)
445. Reference is made to paragraphs 426-441 above.
Paragraph 5 (a) (ratio of men to women)
446. The most complete information regarding the ratio of men to women at the different educational levels dates from 1991, and is shown below.
Level Total Male Per Female Per number of cent cent students male female
Upper 259 477 133 678 51.5 125 799 48.5 secondary education
Higher 148 865 68 800 46.2 80 065 53.8 education (universities+ colleges) of which:
Universities 68 249 32 674 47.9 35 575 52.1
Colleges 80 616 36 126 44.8 44 490 55.2
Adult 708 857 306 162 43.2 402 695 56.8 education
(Source: Statistics Norway)
447. The figures show a fairly equal distribution of women and men in upper secondary education and a larger number of women than men in both higher education and adult education. E/1994/104/Add.3 page 67
Paragraph 5 (b) of the guidelines (disadvantaged groups)
448. Current target groups are pupils with special needs, adult immigrants and the children of immigrants.
449. Children from low-income groups and children in rural areas have traditionally been a priority area in Norwegian educational policy. Education is free, and the guiding principle is that all pupils have easy access to schooling wherever they live. As Norway has a very scattered population, this means that there are a large number of schools in relation to number of pupils (e.g. 3,350 schools at primary and lower secondary level for 470,000 pupils). Pupils in compulsory education living more than 4 km from the nearest school are entitled to free transport. It is also worth noting that children in rural areas were the target group of the Royal Decree of 1789, which is the first example of legislation concerning elementary education in Norway.
450. The process of integrating pupils with special needs into the ordinary school system has been going on since the early 1970s and has led to the reform and reorganization of the whole system of special education, resulting in a considerable reduction in the number of special schools. The main principle here is that the individual must receive help primarily in his or her local community. However, there is a need for expertise and coordination at national level in order to ensure equal standards. A national resource network for special education was therefore established in August 1992, including the setting up of 20 resource centres for special education covering different fields such as visual and hearing impairment, dyslexia, behavioural and communication disorders etc.
451. A number of intensive programmes have been implemented for teaching Norwegian to immigrants and refugees under adult education schemes. This is a priority area in adult education, and considerable sums have been allocated for this purpose. Introductory courses in Norwegian for immigrants and refugees are free of charge, and they have recently been expanded. As of 1994 immigrants are offered 500 hours of free tuition and refugees and persons with residence permits on humanitarian grounds are offered 750 hours. In the school system, mother tongue instruction is considered an important part of the development of a child’s personality, and instruction in Norwegian is considered important to prepare the children of immigrants for active participation in Norwegian society. The needs of language minorities are clearly stated in the national curriculum guidelines.
452. Another high-priority area is the provision of adequate education for the children of the indigenous Sami population. The Sami may now choose to be educated either in the Sami language or in Norwegian with Sami as the second language. Since this is a fairly recent development, there is a great need for adequate teaching material in Sami. The Ministry of Education, Research and Church Affairs and the Sami Education Council are currently collaborating on this issue. Reference is made to Norway’s third periodic report submitted under article 40 of the International Covenant on Civil and Political Rights (CCPR/C/70/Add.2, para. 214). E/1994/104/Add.3 page 68
Paragraph 5 (c) of the guidelines (actions to guarantee equal access)
453. In addition to the measures described above, the State Educational Loan Fund should be mentioned as an important factor in guaranteeing equal access to education for everyone. This Fund was established in 1947 and has been a crucial element in promoting equality of opportunity and counteracting the influence of geographical, social and economic factors. Financial support is provided, subject to certain rules, for pupils and students following any type of course above compulsory education level and lasting more than three months, in Norway or any other Nordic country. The support takes the form of grants and loans which are paid out twice a year. Instalments do not have to be repaid before the student has graduated, and they may be repaid over a period of 20 years.
454. Approved private educational institutions also have a considerable proportion of their running costs covered by public funds, and students attending these institutions have the same right to State grants and loans as those studying at State-run institutions (cf. paras. 457-459).
Paragraph 5 (d) of the guidelines (language facilities)
455. Reference is made to paragraphs 451-452, and to the answers to questions 9 and 16 in the amendments to Norway’s second report (1992).
Paragraph 6 of the guidelines (conditions of teaching staff)
456. As a follow-up to the UNESCO Recommendation concerning the status of teachers, a Norwegian study was carried out in 1993 by the Norwegian National Commission for UNESCO (cf. appendix 13). As regards the salaries of teachers compared with other groups, reference is made to the description given in the answer to question 14, pp. 12-13, in the amendments to Norway’s second report (1992).
Paragraph 7 of the guidelines (private schools)
457. Education has always been regarded as the responsibility of the State in Norway. Norway has no private school tradition, and there are still few such schools compared with other countries. At present, around 98.5 per cent of pupils in compulsory education and 96 per cent of those at upper secondary level attend State schools. Act No. 73 of 14 June 1985 relating to State grants to private schools acknowledges the right to establish private schools but emphasizes that they are to be considered a supplement to the State system and may not be set up in competition with it. According to the Act, schools may be approved and given State grants if they provide an alternative form of education, e.g. based on religious or ethical grounds, alternative educational methods or principles, or fulfil quantitative needs. If a school is approved, the State covers 85 per cent of the running costs.
458. The number of private schools has steadily increased over the past 10 years. At present, there are 208 private schools at primary and secondary level, i.e. about 5 per cent of the total number of schools at these levels, and there are approximately 18,000 pupils in the age group 7-19 attending these schools. E/1994/104/Add.3 page 69
459. A separate Act of 1986 concerning private institutions of higher education governs the right of private institutions to hold examinations and to receive State grants. In 1994, 12,588 students, approximately 7.5 per cent of the total student population in higher education, are attending private institutions entitled to grants under the Act.
Paragraph 8 of the guidelines (changes since previous report)
460. The authorities are not aware of any changes during the reporting period that have negatively affected the right to education for all.
Paragraph 9 of the guidelines (international assistance)
461. Norway does not receive development aid.
Article 14. Compulsory education
462. This article does not apply to Norway.
Article 15. Culture and science
463. Reference is made to Norway’s first report (E/1982/3/Add.12), paragraphs 28-47, second report (E/1990/7/Add.7), paragraphs 8-15, and the amendments to Norway’s second report (submitted in 1992), pp. 14-20.
Paragraph 1 of the guidelines (measures to realize the right to take part in cultural life)
464. Decentralization and democracy in cultural life are key elements in Norwegian cultural policy. This entails extensive involvement from local and regional authorities in the decision-making process and allows the entire population to have access to cultural activities.
465. Norway is in general sparsely populated, with a few urban areas. This means that physical access to cultural facilities is restricted in many parts of the country. However, it is one of the main objectives of Norwegian cultural policy to increase the accessibility of cultural activities, particularly in subarctic regions.
466. In Report No. 61 (1991-92) to the Storting, "Culture in our times" (appendix 14), this policy was strongly emphasized. In 1993 the Storting decided to make the main principles outlined in the report the basis for Norwegian cultural policy. These are as follows: to break down barriers between sectors, to encourage high standards, to strengthen national culture, to cover all parts of the country, and to reach as many people as possible.
467. The following nine Acts are of particular importance in the administration of cultural policy. Two of them are aimed at securing the cultural participation of all citizens. One is Act No. 5 of 13 December 1948 concerning the State Touring Theatre, and the other is Act No. 108 of 20 December 1985 concerning public libraries. E/1994/104/Add.3 page 70
468. The following Acts contain provisions aimed at the conservation of national culture. These are:
The Cultural Heritage Act, No. 50 of 9 June 1978,
Act No. 79 of 18 June 1971 concerning the Norwegian Language Council,
Act No. 5 of 11 April 1980 concerning the use of language in the public administration,
Act No. 11 of 18 May 1990 relating to place names,
Act No. 126 of 4 December 1992 concerning archives,
Act No. 32 of 9 June 1989 relating to legal deposit of generally available documents.
469. The Sami Act of 1987 contains provisions relating to the preservation and development of Sami culture, in particular an amendment made in 1990 concerning linguistic rights. Reference is made to Norway’s third periodic report submitted under article 40 of the International Covenant on Civil and Political Rights (CCPR/C/70/Add.2, para. 208).
Paragraph 1 (a) of the guidelines (availability of funds)
470. In pursuance of the policy described above, the Ministry of Cultural Affairs provides substantial support in the form of grants to art and other cultural activities organized at regional and local level.
471. Substantial sums are allocated annually to the Norwegian Cultural Fund, which is administered by the Norwegian Cultural Council. The Council, which is independent of the Ministry of Cultural Affairs, was established in 1964 with the aim of decentralizing the administration of cultural subsidies by providing better opportunities for regional and local authorities to provide grants based on local needs and priorities.
472. Financial support is also given to national institutions that stage cultural activities in small communities. These funds are allocated through the State budget every year.
473. Furthermore, there are special government funds earmarked for supporting cultural activities which are available to applicants from all parts of the country. Particular attention is paid to the promotion of new ideas and activities and to cultural development. Funds are available from the Norwegian Cultural Council and from taxes based on the sale of cassettes. Moreover, grants and scholarships are available to artists.
Paragraph 1 (b) of the guidelines (institutional infrastructure)
474. Norwegian cultural policy is implemented through a network of cultural institutions all over the country. In accordance with the recommendations of E/1994/104/Add.3 page 71 the above-mentioned report (appendix 14), this network is now being further developed and enlarged, one of the aims being to promote popular participation in culture.
Paragraph 1 (c) of the guidelines (promotion of cultural identity)
475. The promotion of cultural identity within a multicultural society is one of the objectives laid down in the above-mentioned report. Norwegian culture, history and traditions are taught in Norwegian schools.
Paragraph 1 (d) of the guidelines (minorities and indigenous peoples)
476. Particular attention is being paid to Sami culture, the Sami population being the only indigenous people in Norway. For example, the Sami Act gives the Sami people the right to use their own language in dealings with local and regional authorities.
477. Norway was the first country to ratify the European Charter for Regional or Minority Languages in November 1993, with application to the Sami language. In 1990 Norway ratified ILO Convention No. 169 concerning indigenous and tribal peoples in independent countries. Reference is made to Norway’s first report to the ILO, for the period ending 30 June 1992, concerning that Convention.
478. Please refer to Norway’s eleventh periodic report submitted under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD/C/210/Add.3, paras. 72-73) regarding other minorities, i.e. immigrants.
Paragraph 1 (e) of the guidelines (mass media)
479. The media play a dual role in promoting participation in cultural life: they provide information and views on the one hand, and entertainment on the other.
480. Newspaper coverage in Norway is exceptionally high. In addition to the national papers there are a large number of local and regional papers. Local newspapers and local radio encourage participation in local cultural events.
Paragraph 1 (f) of the guidelines (cultural heritage)
481. The Cultural Heritage Act was passed to preserve cultural monuments and other aspects of Norwegian cultural heritage. The protection of cultural monuments is part of an overall policy of environmental and resource management. Cultural monuments dating back to before 1537 are automaticallly protected under the Act, and so are Sami cultural monuments that are more than 100 years old. Monuments from 1537 to the present may be protected by special decision.
482. An amendment to the Act that entered into force on 1 January 1993 provided legal authority to protect cultural environments, which are areas where a cultural monument is part of a larger context, and areas distinguished by their links with special events, beliefs or traditions. E/1994/104/Add.3 page 72
483. At the international level, Norway’s activities include:
(a) Participating in the Council of Europe’s Cultural Heritage Committee;
(b) Following up the conventions of the Council of Europe in this area;
(c) Following up the World Heritage Convention, including the assessment/evaluation of Norwegian cultural monuments on the World Heritage List;
(d) Participating in collaboration in the sector of development cooperation.
Paragraph 1 (g) of the guidelines (freedom of artistic creation and performance)
484. The protection of the freedom of artistic creation and performance, including the freedom to disseminate the results of such activities, is provided for in article 100 of the Constitution, concerning freedom of expression.
Paragraph 1 (h) of the guidelines (professional education)
485. Reference is made to the brochure "The development of education, 1990-92, Norway" (appendix 12), under the heading "Higher education" on page 40.
Paragraph 1 (i) of the guidelines (other measures)
486. A plan for giving art a larger place in the curriculum at primary school level is being implemented.
Paragraph 2 of the guidelines (right to enjoy benefits of scientific progress)
(a) and (b) (application and dissemination of scientific progress
487. The Norwegian Government regards scientific progress as being crucial for the achievement of the paramount political objectives of employment for all, a better environment, a higher quality of life, the creation of wealth, and increased cultural understanding. In other words, research cannot be seen in isolation; it is an integral part of the changes in society and is essential to the implementation of a universal welfare policy. The dissemination of scientific results is therefore given high priority in the Government’s policy on research.
488. A rational organization of the scientific research is essential for high standards and the efficient exploitation of research results. For this purpose, the organization of publicly funded research in Norway has recently been simplified by the establishment in 1993 of the Research Council of Norway. This involved merging the five former research councils (on the humanities, science and technology, fisheries, agriculture and social sciences, respectively) into a single organization, the intention being to establish a national consultative and executive body for research strategy, E/1994/104/Add.3 page 73 and to achieve a more efficient and coordinated use of resources. The establishment of a single Council should also ensure better integration between basic and applied research. One of the Council’s main tasks is to ensure better dissemination of information on research and scientific progress.
489. In a recent government report on research policy, Report No. 36 (1992-93) to the Storting, "Research for the community" (English summary, appendix 15), which was adopted by the Storting in 1993, emphasis is placed on the use of research to achieve the above-mentioned objectives, and on the dissemination and application of knowledge and technology. The importance of encouraging public insight into and discussion of research and technology is particularly stressed, and the main elements of the Government’s strategy in this respect can be summarized as follows:
(a) Disseminating information to children and adolescents;
(b) Systematic integration of public education into research programmes and projects;
(c) Making the Research Council of Norway responsible for preparing a national strategy for public education on scientific progress.
490. The authorities have also found it necessary to assume special responsibility for informing users who are often not in a position to acquire and make use of new knowledge, such as farmers, fishermen and small- and medium-sized enterprises in the manufacturing and service sectors. The Research Council of Norway has therefore been given the responsibility of developing information strategies for different groups of users. Moreover, scientific and technological education should be a major area of cooperation between the Research Council of Norway and the Norwegian Industrial and Regional Development Fund.
491. The government report (appendix 15) also emphasizes the importance of developing networks and interaction in the research community, and efforts are being made to create stronger links and closer collaboration between research institutions. Exchanges of personnel and information between such institutions are encouraged, as is interaction between the research institutions and society.
492. New knowledge and information have never been stopped by national boundaries, and the Government is eager to encourage international research cooperation and the development of international networks. It is also seeking to provide more opportunities for researchers to spend longer periods of time abroad and is taking measures to promote and speed up international cooperation in this field.
493. Protection of the environment raises issues of great scientific, political and social concern, and environmental research is one of the major priority areas in current Norwegian research policy. The Research Council has a separate research board for environment and development. E/1994/104/Add.3 page 74
(c) and (d) (restrictions to prevent abuse)
494. In view of the ethical issues raised by scientific progress, three national committees concerned with the ethical aspects of research were established in 1990. These are:
The national committee for medical research ethics, which is concerned with medicine in its broadest sense, i.e. health and life sciences;
The national committee for research ethics in science and technology, concerned with natural science and technology;
The national committee for research ethics in social sciences and the humanities, including law and theology.
495. These committees keep the research community, the public administration and the general public informed about current and potential issues relating to research ethics in their respective fields of responsibility. They coordinate and advise ethics committees at regional and professional levels, submit reports on matters of principle and comment on specific issues submitted to them. They also propose ethical guidelines for research in the relevant fields.
496. Since 1987, ethical review committees have been established in connection with each of the five major regional hospitals in Norway. The committees review all projects in biomedical research involving humans and recommend that they be approved or rejected. The committees are organized under the national committee for medical research ethics.
497. An Act relating to gene technology was passed by the Storting in 1993. The Act strictly regulates the production and use of genetically modified organisms, i.e. micro-organisms, plants and animals whose genetic make-up has been changed by means of gene or cell technology.
498. Following a government report to the Storting on man and biotechnology, a bill concerning the medical application of biotechnology has been submitted. The Act is intended to regulate the application of reproduction technology, research on fertilized eggs and confidentiality with regard to the application of DNA technology, and so on. The underlying aim is to ensure that biotechnology is applied in a beneficial way.
Paragraph 3 of the guidelines (protection of author’s moral and material interests)
499. The moral and material interests of authors, scientists and artists are covered by Act No. 2 of 12 May 1961 relating to copyright in literary, scientific and artistic works (the Copyright Act). Computer programmes were included under the Act by an amendment made in 1990. The implementation of the Act has met with no major problems. E/1994/104/Add.3 page 75
Paragraph 4 of the guidelines (conservation, development and diffusion of science and culture)
500. Reference is made to paragraphs 460-498.
501. It may be added that approximately 1.9 per cent of Norway’s GDP is spent on research, 1.0 per cent of which comes from public funds. There has been a considerable increase in public expenditure on research from 1989 to 1993, on average 5 per cent per annum, whereas industrial investment in research has decreased during the same period, and is fairly low compared to many other industrialized countries.
Paragraph 5 of the guidelines (freedom for research and creative activity)
502. Freedom of expression is guaranteed by article 100 of the Constitution. Moreover, as mentioned above, it is an underlying principle of the Norwegian Government’s policy that science and culture must be available to all. The freedom to carry out scientific research and creative activity includes the freedom to exchange information and the provision of opportunities for artists and scientists to participate in national and international networks and fora. Norway has a long tradition of non-interference by the authorities in the content of teaching and research at institutions of higher education.
503. The freedom to carry out research is a prerequisite for innovation, creativity and diversity. This principle is an explicit element in Norwegian research policy, and it is acknowledged that scientific achievements are very often the result of basic research. Learned societies, academies of science and professional associations are also to a large extent given public support in order to pursue research activities.
504. The main impediment to full scientific or artistic freedom from a national point of view is financial constraints, which make it necessary to define national priority areas.
Paragraph 6 of the guidelines (international contacts and cooperation)
505. International cultural cooperation is a part of Norwegian cultural policy. The following goals have been set by the authorities: the presentation of Norwegian art and culture abroad, encouraging contact with foreign influences as an inspiration to Norwegian cultural life, the promotion of international understanding, and enhancing Norway’s profile.
506. Norway is a party to a number of bilateral and multilateral agreements concerning cultural cooperation, and participates in international organizations and conferences.
507. Norway has bilateral cultural cooperation arrangements with a series of countries in different parts of the world. These involve a considerable number of exchanges relating to artists, scientists and exhibitions. The Research Council of Norway coordinates the exchange programmes. E/1994/104/Add.3 page 76
508. Multilateral cooperation includes participation in the activities of international organizations such as the Nordic Council of Ministers, the Council of Europe and UNESCO.
509. The Nordic Council of Ministers forms the main framework for Norwegian cultural cooperation with the other Nordic countries, according to a cultural agreement signed in 1971. This includes cooperation and coordination in a number of fields, as well as the financing of joint Nordic projects and permanent institutions. Nordic cultural cooperation includes regular contacts between Nordic politicians through the Nordic Council and between civil servants from these countries.
510. Norway is actively involved in European cultural cooperation within the Council of Europe. This involves participation in the work of the steering committees for culture, sport and the media and various sub-committees in these fields.
511. High priority is given to Norwegian participation in the activities of UNESCO. Norway was a member of the Executive Board of UNESCO in 1990-1993, and Norwegian priorities within this organization are basic education for all, environmental issues, cultural heritage and cultural identity, and the cultural aspect of development.
512. Norway also appointed a national committee to promote the objectives of the United Nations Decade for Cultural Development. On the initiative of Norway and the other Nordic countries a World Commission on Culture and Development was established in 1991 under the joint auspices of UNESCO and the United Nations. Norway follows this work closely through the Norwegian Commission member.
513. The development of new knowledge and skills has always taken place across national and cultural boundaries. Research is therefore international by its very nature. Norway participates in research cooperation in a number of areas and a variety of ways through its membership of Nordic, European and global organizations and programmes. One of the tasks of the new Research Council of Norway is to increase Norwegian participation in the organizations of which Norway is a member. The main elements of the Government’s policy as regards international contacts are described in the government report of 1992-1993 on research (appendix 15) and can be summarized as follows:
(a) Measures should be adopted to encourage research students and researchers to spend time in institutions in other countries. The individual Norwegian institutions have a special responsibility here. The Research Council of Norway and the Norwegian Council of Universities are responsible for helping research communities in Norway to join international networks. The various research institutions are responsible for the specific implementation of bilateral agreements with their foreign counterparts;
(b) Norway must play an active role in international forums that deal with research policy, particularly the European Environment Agency, the Nordic Council and the OECD. Research cooperation with Central and Eastern Europe is given special attention under a Norwegian assistance E/1994/104/Add.3 page 77 programme for the period 1992-1996. Here priority is given to exchanges of personnel, the development of networks and the strengthening of subjects and disciplines which have been under political control.
514. A new strategy has been developed for bilateral cultural and scientific cooperation with developing countries, and new guidelines for research cooperation are currently being prepared. The Directorate for Development Cooperation (NORAD) is responsible for cultural exchanges with developing countries and considerable resources are allocated to research cooperation with these countries. The general objectives of Norwegian research assistance are transfers of knowledge to and competence-building within the developing countries. The main categories of research cooperation are assistance to institutions in developing countries to take part in research networks, and country support through specific cooperation programmes. Emphasis is also placed on development research in Norway.
Paragraph 7 of the guidelines (changes since previous report)
515. The authorities are not aware of any changes during the reporting period that have had a negative effect on the rights enshrined in article 15.
Paragraph 8 of the guidelines (reference to other reports)
516. Reference is made to paragraph 463.
Paragraph 9 of the guidelines (international assistance)
517. Norway does not receive development aid. E/1994/104/Add.3 page 78
LIST OF APPENDICES*
1. Copy of tables 179-183 in Statistical Yearbook 1993.
2. The Norwegian Social Insurance Scheme. A survey, January 1994.
3. National Insurance Act of 17 June 1966. The Special Supplement Act of 19 June 1969. The Act of 16 December 1966 No. 9 on appeal to the Insurance Court of Appeal. The Family Allowance Act of 24 October 1946.
4. The Marriage Act of 4 July 1991 No. 47.
5. The Children’s Act of 8 April 1981.
6. Report No. 11 (1981-82) to the Storting, "On the Follow-up of Norwegian nutrition policy".
7. Nutrition policy objectives and measures. Chapter 11 of Report No. 37 (1992-93) to the Storting.
8. Tables 11.3.1-11.3.9.
9. Evaluation of Strategy for Health for All, 1993, Norway (targets and tables).
10. Health policy towards the year 2000. (A Survey, Norway, 1990).
11. "Adding life to years. Preventive strategies". (Abstract of the report NOU (Official Norwegian Report) 1991:10).
12. The development of education, 1990-92, Norway. National report to the International Conference on Education, Geneva 1992.
13. Teacher education in Norway. (Norwegian report to UNESCO.)
14. Report to the Storting No. 61 (1991-92), "Culture in our times".
15. "Research for the community". A report on research. (Main issues and priorities in Report No. 36 (1992-93) to the Storting).
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* Available for consultation in the files of the secretariat.